Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]

This chapter may be cited as the “Uniform Collaborative Law Act”.

For the purposes of this chapter, the term (1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: (A) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and (B) Occurs after the part…

This chapter applies to a collaborative law participation agreement that meets the requirements of § 16-4004 signed on or after the effective date of this chapter [May 9, 2012].

(a) A collaborative law participation agreement shall: (1) Be in a record; (2) Be signed by the parties; (3) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this chapter; (4) Describe the nature and scope of the matter; (5)…

(a) A collaborative law process begins when the parties sign a collaborative law participation agreement. (b) The tribunal may not order a party to participate in a collaborative law process over that party’s objection. (c) A collaborative law process is concluded by: (1) The res…

(a) Persons in a proceeding pending before the tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subjec…

During a collaborative law process, the tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party, family member, or other person, in accordance with subchapter I of Chapter 10 of this title.

The tribunal may approve an agreement resulting from a collaborative law process.

(a) Except as otherwise provided in subsection (c) of this section, a collaborative lawyer is disqualified from appearing before the tribunal to represent a party in a proceeding related to the collaborative matter. (b) Except as otherwise provided in subsection (c) of this secti…

(a) The disqualification of § 16-4009(a) applies to a collaborative lawyer representing a party with or without fee. (b) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under § 16-4009(a) is associated may r…

(a) The disqualification of § 16-4009(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (b) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative…

Except as provided by law other than this chapter, during the collaborative law process, upon the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also s…

This chapter does not affect: (1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) The obligation of a person to report abuse, neglect, abandonment, or exploitation of a child or adult under the law of the Dis…

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective pa…

(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (b) Throughout a co…

A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of the District of Columbia other than this chapter.

(a) Subject to §§ 16-4018 and 16-4019, a collaborative law communication is privileged under subsection (b) of this section, is not subject to discovery, and is not admissible as evidence. (b) In a proceeding, the following privileges apply: (1) A party may refuse to disclose, an…

(a) A privilege under § 16-4017 may be waived in a record or orally during a proceeding if it is expressly waived by all parties entitled to claim the privilege at issue and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty parti…

(a) There is no privilege under § 16-4017 for a collaborative law communication that is: (1) Available to the public under the District of Columbia Public Records Management Act of 1985, effective September 5, 1985 (D.C. Law 6-19; D.C. Official Code § 2-1701 et seq.), or made dur…

(a) If an agreement fails to meet the requirements of § 16-4004, or a lawyer fails to comply with § 16-4014 or § 16-4015, the tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (1) Signed a record indicating …

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ), or aut…