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Rule 3.222 – Uniform Collaborative Law Act Process and Agreements

May 13, 2021 | Family Law, Michigan

(A) Scope and Applicability of Rules. This rule and MCL 691.1331 et seq., the Uniform Collaborative Law Act, govern collaborative law practice in domestic relations cases.

(1) Definitions. For purposes of this rule:

(a) Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, that is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state.
(b) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.
(c)“Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a court in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers.
(d) “Party A” is the equivalent of a plaintiff and means the party responsible for filing and service requirements.
(e) “Party B” is the equivalent of a defendant and means the non-filing party.
(B) Commencing an Action Involving Parties in a Collaborative Law Process.

(1) Where the parties have entered into a collaborative law participation agreement and do not already have a pending domestic relations case, the parties shall proceed under subrule (C).
(2) Where a party has filed a domestic relations case with the court under MCR 2.102 and the parties subsequently sign a collaborative law participation agreement, the parties shall file notice of the signed agreement and a motion to stay proceedings on a form approved by the State Court Administrative Office.

(a) The court shall either stay the proceedings without a hearing or schedule a hearing on the notice within 28 days after the motion is filed. An initial order granting a stay shall be effective for 364 days from the date of filing of the motion. Upon stipulation of the parties, the court may extend the stay period.
(b) The court may require the parties and collaborative lawyers to file a status report on the collaborative law process. The status report shall be on a form approved by the State Court Administrative Office and shall include only information on whether the process is ongoing, concluded, or terminated. It shall not include a report, assessment, evaluation, recommendation, finding, or other communication regarding the matter.
(c) The parties shall promptly file notice with the court when a collaborative law process concludes or terminates. The notice shall be on a form approved by the State Court Administrative Office.

(i) The stay of the proceeding is lifted when the notice is filed. If the parties reached an agreement, they shall proceed under MCR 3.222(D).
(ii) If the parties have not filed notice before the stay expires, the court shall provide notice of intent to dismiss the case for lack of progress as prescribed by subrule (E). Before dismissing the proceeding, the court shall provide parties an opportunity to be heard.
(C) Establishing Jurisdiction and Starting the Statutory Waiting Period. At any time after a collaborative law participation agreement is signed, if the parties are not already under the court’s jurisdiction, the parties may commence an action to submit to the court’s jurisdiction.

(1) When the parties have concluded a collaborative law process and are requesting entry of a final judgment or final order, the parties shall file a petition to submit to court jurisdiction and request for entry of a final judgment or final order on a form approved by the State Court Administrative Office.

(a) The petition shall be brought “In the Matter of” the names of Party A and Party B and the subject matter of the collaborative law agreement using the case type codes under MCR 8.117. The petition shall:

(i) contain, at a minimum, the grounds for jurisdiction, the statutory grounds to enter the judgment or order, and a request to enter the judgment or order;
(ii) comply with the provisions of MCR 2.113 and MCR 3.206(A) and (B);
(iii) be signed by both parties;
(iv) be accompanied by the proposed final judgment or proposed final order, that complies with MCR 3.211 and is signed by both parties;
(v) be accompanied by a verified statement if required by MCR 3.206(C) and judgment information form if required by MCR 3.211(F); and
(vi) under MCL 691.1345, be accompanied by domestic violence screening forms. The domestic violence screening form shall be limited to reporting personal protection actions, domestic violence criminal actions, and child protective actions involving the parties and shall be on a form approved by the State Court Administrative Office. Each party must complete a separate form.

The petition may also contain a request to waive the six-month statutory waiting period under MCL 552.9f.

(b) On the filing of the petition and request for entry of final judgment or final order and payment of the filing fees, the court clerk shall assign a case number and judge. The requirement to issue a summons under MCR 2.102(A) is not applicable. Unless requested by the parties on filing of a motion, the court clerk shall not schedule the matter until the conclusion of the statutory waiting period The petition under this subrule serves as a complaint and answer and as an appearance of both attorneys, and starts the statutory waiting period(s) under MCL 552.9f.
(2) To commence an action at any time before the conclusion of the collaborative law process, the parties shall file a petition for court jurisdiction and declaration of intent to file a proposed final judgment or proposed final order on a form approved by the State Court Administrative Office.

(a) The petition shall be brought “In the Matter of” the names of Party A and Party B and shall state the type of action corresponding to the assigned case type code under MCR 8.117. The petition shall:

(i) contain, at a minimum, the grounds for jurisdiction, the statutory grounds to enter the judgment or order, and a request to enter the judgment or order;
(ii) comply with the provisions of MCR 2.113 and MCR 3.206(A); and (B);
(iii) be signed by both parties;
(iv) be accompanied by a verified statement if required by MCR 3.206(C), and
(v) under MCL 691.1345, be accompanied by domestic violence screening forms. The domestic violence screening form shall be limited to reporting personal protection actions, domestic violence criminal actions, and child protective actions involving the parties and shall be on a form approved by the State Court Administrative Office. Each party must complete a separate form.

The petition may also contain a request to waive the six-month statutory waiting period under MCL 552.9f.

(b) On the filing of the petition and payment of the filing fees, the court clerk shall assign a case number and judge. The requirement to issue a summons under MCR 2.102(A) is not applicable. Unless requested by the parties on filing of a motion, the court clerk shall not schedule the matter for a pretrial or settlement conference. The petition under this subrule serves as a complaint and answer and as an appearance of both attorneys and starts the statutory waiting period(s) under MCL 552.9f.
(c) At any time during the collaborative law process, the parties may request the court to issue, in addition to a final judgment or final order, any other order approving an agreement resulting from the process.
(d) Unless the collaborative law process has concluded, the parties shall file a status report with the court within 182 days of the filing date of the petition and again at 364 days. The status report shall be on a form approved by the State Court Administrative Office and shall include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding the matter.
(e) At the conclusion of the collaborative law process, the parties shall file a proposed final judgment or proposed final order that complies with MCR 3.211 and a judgment information form if required by MCR 3.211(F).
(D) Entry of Final Judgment or Final Order.

(1) At its discretion, the court may conduct a hearing before entering the final judgment or final order.
(2) The final judgment or final order shall be served in accordance with MCR 2.602(E).
(3) Nothing in this rule precludes the court from waiving the six-month statutory waiting period in accordance with MCL 552.9f.
(E) Dismissal.

(1) Lack of Progress. The clerk shall provide notice of intent to dismiss the case for lack of progress if:

(a) the parties have not filed a notice that a collaborative law process has concluded or terminated before the expiration of a stay under subrule (B)(2)(c), or
(b) the parties have not filed a proposed final judgment or proposed final order within 28 days after the statutory waiting period has expired.
(2) Notice of Intent to Dismiss. A notice of intent to dismiss the case for lack of progress shall be given in the manner provided in MCR 2.501(C) for notice of trial. The notice shall state that the case will be dismissed no sooner than 28 days after the date of the notice unless the parties do one of the following:

(a) file a proposed final judgment or proposed final order under this rule,
(b) file a complaint under MCR 2.101, or
(c) request a hearing.
(3) Other Dismissal. A party may dismiss a collaborative law matter commenced under this rule at any time under MCR 2.504.
(F) Terminating the Collaborative Law Process. If a party files a complaint under MCL 691.1335(4)(b)(i), the clerk shall proceed on the complaint in accordance with MCR 2.102(A). The court shall dismiss the petition filed under subrule (C)(1) or (C)(2). Pursuant to MCL 691.1339, the attorneys in the collaborative law agreement are disqualified from representing either party in the new action.

Mich. Ct. R. 3.222

Adopted September 20, 2018, effective April 1, 2019; amended August 14, 2019, effective August 14, 2019; amended October 28, 2020, effective January 1, 2021.