§ 7405. Collaborative law participation agreement.
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§ 7405. Collaborative law participation agreement.
(a)Requirements.-- A collaborative law participation agreement must:
(1)Be in writing.
(2)Be signed by the parties.
(3)State the parties' intention to resolve a collaborative matter through a collaborative law process.
(4)Describe the nature and scope of the collaborative matter.
(5)Identify the attorney who represents each party in the collaborative law process.
(6)Include a statement that the representation of each attorney is limited to the collaborative law process and that the attorneys are disqualified from representing any party or nonparty participant in a proceeding related to a collaborative matter, consistent with this chapter.
(b)Optional provisions.-- Parties may include in a collaborative law participation agreement additional provisions not inconsistent with this chapter or other applicable law, including, but not limited to:
(1)An agreement concerning confidentiality of collaborative communications.
(2)An agreement that part or all of the collaborative law process will not be privileged in a proceeding.
(3)The scope of voluntary disclosure.
(4)The role of nonparty participants.
(5)The retention and role of nonparty experts.
(6)The manner and duration of a collaborative law process under sections 7403 (relating to beginning the collaborative law process) and 7406 (relating to concluding the collaborative law process).
(c)Nonconforming agreements.-- This chapter shall apply to an agreement that does not meet the requirements of subsection
(a)if:
(1)The agreement indicates an intent to enter into a collaborative law participation agreement.
(2)The agreement is signed by all parties.
(3)A tribunal determines that the parties intended to and reasonably believed that they were entering into a collaborative law agreement subject to the requirements of this chapter.
42c7405v
Cross References. Section 7405 is referred to in section 7401 of this title.
42c7406s