§ 50-76. Failure to reach settlement; disposition by court; duty of attorney to withdraw. - North Carolina Statutes

§ 50‑76.  Failure toreach settlement; disposition by court; duty of attorney to withdraw.

(a)        If the parties failto reach a settlement and no civil action has been filed, either party may filea civil action, unless the collaborative law agreement first provides for theuse of arbitration or alternative dispute resolution.

(b)        If a civil actionis pending and the collaborative law procedures do not result in acollaborative law settlement agreement, upon notice to the court, the court mayenter orders as appropriate, free of the restrictions of G.S. 50‑74(b).

(c)        If a civil actionis filed or set for trial pursuant to subsection (a) or (b) of this section,the attorneys representing the parties in the collaborative law proceedings maynot represent either party in any further civil proceedings and shall withdrawas attorney for either party. (2003‑371, s. 1.)