WHEREAS, pursuant to §61.55, Florida Statutes, the expressed policy of the State of Florida is to encourage the peaceful resolution of disputes and the early resolution of pending litigation through a voluntary settlement process. The collaborative law process is a unique non-adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation, and

               WHEREAS, Rule 12.745, Family Law Rules of Procedure, governs collaborative law proceedings pending before a court, and

               WHEREAS, if the parties are in agreement, the Seventh Judicial Circuit Court supports the use of the collaborative law process model to resolve family law disputes;

               NOW THEREFORE, I, LEAH R. CASE, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:

1. 1. Judges assigned to Family Law divisions are encouraged to support use of the collaborative law process model set forth in §§61.55-61.58, Florida Statutes.

1. 2. Because the Collaborative Law Process requires each party to be represented by an attorney (see § 61.56(4), F.S.), the Notice of Collaborative Law Participation Agreement shall be a joint notice, in substantial conformity with Form 12.985(c), Florida Family Law Rules, and shall be signed by both Collaborative attorneys. The Notice shall operate both as an application for stay of the proceeding and as a notice of appearance if either attorney has not previously filed a notice of appearance in the pending action.

1. 3. Upon the filing of a Notice of Collaborative Law Participation Agreement, the assigned judge shall either: (a) enter a stay of the proceedings ex parte, or (b) notify counsel that the application for stay must be scheduled for a non-evidentiary hearing. If a stay is entered pursuant to Florida Family Law Rule 12.745(b)(2)(D), it may include a requirement for periodic status reports.

1. 4. Notwithstanding entry of a stay, the judge may enter orders on written interim agreements reached by the parties.

1. 5. When a proceeding in a Collaborative matter is pending before a court, counsel shall promptly file a written notice consistent with Florida Family Law Rule 12.745(b)(2)(D) upon the occurrence of any of the following events concluding the Collaborative Law Process:

      a. Resolution of the Collaborative matter as evidenced by a signed record;

      b. Resolution of a part of the Collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the case will not be resolved in the Collaborative Law Process;

      c. The provision of notice by either party to the other that the Collaborative Law Process is concluded (consistent with Florida Family Law Rule 12.745(b)(1)(B), the Notice may not identify the party serving the notice that the Collaborative Law Process is concluded);

      d. The initiation by a party of a pleading, a motion, an order to show cause, or a request for a conference with the tribunal;

      e. The request by a party that the proceeding be put on the tribunal’s active calendar;

      f. An action by a party requiring notice to be sent to the parties; or

      g. The conclusion of the Collaborative Law Process in accordance with the terms of the parties’ Collaborative Law Participation Agreement.

      The filing of a Notice of any of the events listed in 5(a)-(g) above automatically terminates any stay of a proceeding which was based upon the filing of a Notice of Collaborative Law Participation Agreement.

1. 6. When a proceeding in a Collaborative matter is pending before a court an attorney who signed the Notice of Collaborative Law Participation Agreement is no longer representing a party, whether they have withdrawn, been replaced, or otherwise:

      a. The attorney who is no longer representing a party shall promptly provide notice to the court, which notice shall include the date that the notice of discharge or withdrawal of the Collaborative attorney required by Florida Family Law Rule 12.745(b)(2)(D) was provided to the parties;

      b. Thirty-one (31) days after the date that the notice of discharge or withdrawal of the Collaborative attorney was provided to the parties, the Collaborative Law Process will be concluded and any abatement of a proceeding which was based upon the filing of a Notice of Collaborative Law Participation Agreement automatically terminated, unless a successor Collaborative attorney was retained, both Collaborative attorneys reaffirm the Collaborative Law Participation Agreement by signing an Amended Collaborative Law Participation Agreement, and within 30 days of the date the notice of discharge or withdrawal of the Collaborative attorney was provided to the parties, counsel files a Notice of Amended Collaborative Law Participation Agreement in substantial conformity with Florida Family Law Rules Form 12.985(c).

1. 7. An affidavit of a licensed mental health professional averring that he or she acted as a facilitator, coach, child specialist, or other similar capacity in the Collaborative Law Process and spent at least 4 hours educating, training, and assisting each parent to understand the consequences of divorce on parents and children, may be considered good cause for excusing the parties from completing the parenting course requirements of §61.21, Florida Statutes.

1. 8. In the event that the parties to a Collaborative Law Process file a joint notice of their desire to maintain the privacy of an agreement and/or appropriate attachments thereto (such as an Equitable Distribution Schedule, Parenting Plan, etc.) and both parties execute an acknowledgment of their separate obligations to maintain a copy of the agreement and/or appropriate attachments thereto, the documents which the parties have acknowledged an obligation to maintain will be reviewed by the court if required, and if incorporated in a court order, may be incorporated only be reference, without requiring the attachment or filing of the document(s).

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 15th day of March 2024.