§ 7402. Definitions.

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The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Collaborative communication." A statement or question that concerns the collaborative law process or a collaborative matter and that occurs after the parties sign a collaborative law participation agreement but before the collaborative law process is concluded. The term does not include a written settlement agreement that is signed by all parties to the agreement.

"Collaborative law process." A procedure to resolve a claim, transaction, dispute or issue without intervention by a tribunal, in which procedure all parties sign a collaborative law participation agreement, all parties are represented by counsel and counsel is disqualified from representing the parties in a proceeding before a tribunal.

"Collaborative matter." A dispute, transaction, claim or issue for resolution that is described in a participation agreement concerning any of the following:

(1)Marriage, divorce and annulment.

(2)Property distribution, usage and ownership.

(3)Child custody, visitation and parenting time.

(4)Parentage.

(5)Alimony, alimony pendente lite, spousal support and child support.

(6)Prenuptial, marital and postnuptial agreements.

(7)Adoption.

(8)Termination of parental rights.

(9)A matter arising under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).

(10)A matter arising under 15 Pa.C.S. Pt. II (relating to corporations).

"Family members." All of the following:

(1)Spouses and former spouses.

(2)Parents and children, including individuals acting in loco parentis.

(3)Individuals currently or formerly cohabiting.

(4)Other individuals related by consanguinity or affinity.

"Nonparty participant." A person other than a party or a party's attorney that participates in the collaborative law process. The term may include, but is not limited to, support persons, mental health professionals, financial neutrals and potential parties.

"Party." A person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

"Person." An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

"Proceeding." A judicial, administrative, arbitral or other adjudicative process before a tribunal.

"Related matter." A matter involving the same parties, dispute, transaction, claim or issue as a collaborative matter.

"Tribunal." A court, arbitrator, administrative agency or other body acting in an adjudicative capacity that has jurisdiction to render a binding decision directly affecting a party's interests in a matter.

42c7403s