Rule 1-128.2.Initiation of collaborative law process; voluntary participation; conclusion; termination; notice of discharge or withdrawal of collaborative lawyer; continuation with successor collaborative lawyer

Last verified June 26, 2026

In one sentenceRule 1-128.2 governs how a collaborative law process begins, that it is voluntary, and how it concludes or terminates—including continuation with a successor lawyer.

Full Text of Rule 1-128.2

Text sizeJump to: (A) (B) (C) (D) (E) (F)

A. Initiation. A collaborative law process begins when the parties sign a collaborative law participation agreement.

B. Voluntary participation. A tribunal shall not order a party to participate in a collaborative law process over that party’s objection.

C. Conclusion. A collaborative law process shall conclude upon the occurrence of any of the following:

(1) resolution of a collaborative matter as evidenced by a signed record;

(2) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process;

(3) any other method provided in a collaborative law participation agreement for concluding the collaborative law process; or

(4) termination of the process.

D. Termination. A party may terminate a collaborative law process with or without cause, provided that a collaborative law process shall terminate upon the occurrence of any of the following:

(1) when a party gives notice to other parties in a record that the process is ended;

(2) when a party begins a proceeding related to a collaborative matter without the agreement of all parties;

(3) in a pending proceeding related to the matter, when a party

(i) initiates without the agreement of all parties a pleading, motion, order to show cause, or request for a conference with the tribunal; or

(ii) takes similar action without the agreement of all parties requiring notice to be sent to the parties; or

(4) except as otherwise provided by Paragraph F of this rule, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

E. Notice of discharge or withdrawal of a collaborative lawyer. A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

F. Continuation with successor collaborative lawyer. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty (30) days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by Paragraph E of this rule is sent to the parties,

(1) the unrepresented party engages a successor collaborative lawyer; and

(2) in a signed record,

(a) the parties consent to continue the process by reaffirming the collaborative law participation agreement;

(b) the agreement is amended to identify the successor collaborative lawyer; and

End

Rule History

[Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after December 31, 2016.]

Plain-English Summary

This rule manages the life of a collaborative law process. It begins when the parties sign the participation agreement, and a tribunal cannot order a party into it over objection. The process concludes on resolution of the matter (or an agreed part of it) as shown by a signed record, by another agreed method, or on termination.

A party may terminate with or without cause—by giving notice in a record, by beginning or taking certain steps in a related proceeding without agreement, or by discharging or losing a collaborative lawyer (subject to the continuation provision). The lawyer must give prompt notice of a discharge or withdrawal. The process continues despite a discharge or withdrawal if, within thirty days, the party engages a successor collaborative lawyer and the parties reaffirm and amend the agreement in a signed record naming the successor.

Frequently Asked Questions

Can a court force a party into collaborative law?

No. Participation is voluntary—a tribunal cannot order a party to participate over that party’s objection.

Does discharging a collaborative lawyer end the process?

It can, but the process continues if, within thirty days, the party engages a successor collaborative lawyer and the parties reaffirm and amend the agreement in a signed record naming the successor.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.2 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: collaborative law processterminationvoluntary participationsuccessor collaborative lawyer