§ 3314.Appropriateness of Collaborative Law Process

Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceRequires a prospective collaborative lawyer, before a party signs on, to assess whether the process fits the matter, explain the benefits and risks compared to litigation, mediation, arbitration, or expert evaluation, and warn the party about termination triggers, voluntariness, and the lawyer's own disqualification from later litigation.

Full Text of § 3314

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Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

1. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;

2. Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and

3. Advise the prospective party that:

a. after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates,

b. participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause, and

c. the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection C of Section 9 of this act, subsection B of Section 10 of this act, or subsection B of Section 11 of this act.

Amendment History

Added by Laws 2025, c. 226,s. 14, eff. 1/1/2026.

Plain-English Summary

Before anyone commits to collaborative law, Section 3314 requires their prospective lawyer to do some groundwork. The lawyer must assess, with the prospective party, the factors bearing on whether collaborative law suits the matter, and must give the party enough information to make an informed choice -- weighing the benefits and risks of collaborative law against alternatives like litigation, mediation, arbitration, or expert evaluation.

The lawyer also has to deliver three specific warnings: that filing a related proceeding, or asking a tribunal to intervene in a pending one, ends the collaborative process; that participation is voluntary and any party can walk away unilaterally, with or without cause; and that the collaborative lawyer and anyone in that lawyer's firm generally can't later represent the party in related litigation, apart from the narrow exceptions for approving the resulting agreement or handling an emergency order.

Frequently Asked Questions

What is my lawyer supposed to tell me before I agree to collaborative law?

The lawyer must assess whether collaborative law fits your matter, explain its benefits and risks compared to alternatives like litigation or mediation, and warn you about how filing suit ends the process, that participation is voluntary, and that the lawyer generally can't represent you later in court.

Do I have to compare collaborative law to going to trial before I sign up?

Your prospective collaborative lawyer must give you information reasonably sufficient to weigh the material benefits and risks of collaborative law against reasonably available alternatives, including litigation, mediation, arbitration, or expert evaluation.

Can I back out of collaborative law once I've started?

Yes, and your lawyer has to tell you that upfront -- participation is voluntary and any party can terminate the process unilaterally, with or without cause.

Will my collaborative lawyer be able to represent me if the process fails and we end up in court?

Generally no, and the lawyer must advise you of that before you sign the agreement, subject only to the narrow exceptions in Sections 3309, 3310, and 3311.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

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