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

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…

When the surety, or his personal representatives, of an officer, commissioner, receiver, or trustee appointed under a decree of court and required to give bond apprehends himself to be in danger of suffering from the suretyship, and petitions the court to be relieved from the sur…

Where a person recovers a judgment or money decree against the principal debtor and a surety or indorser, and the judgment is satisfied by the surety or indorser, the latter may have the judgment or money decree entered by the clerk to his use and have execution in his own name a…

For the purposes of this chapter, the term: (1) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) “Mediation communication” means a statement, whe…

(a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which: (1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency,…

(a) Except as otherwise provided in § 16-4205, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by § 16-4204. (b) In a proceeding,…

(a) A privilege under § 16-4203 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) In the case of the privilege of a…

(a) There is no privilege under § 16-4203 for a mediation communication that is: (1) In an agreement evidenced by a record signed by all parties to the agreement; (2) Available to the public under § 1-207.42, or made during a session of a mediation which is open, or is required b…

(a) Except as permitted in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, arbitrator, or other authority that may make a ruling on t…

Unless subject to § 1-207.42, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of the District of Columbia.

(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiali…

(a) An attorney or other individual designated by a mediation party may accompany the party to and participate in a mediation. (b) A waiver of participation given before the mediation may be rescinded.

(a) For the purposes of this section, the term: (1) “International commercial mediation” means an international commercial conciliation as defined in Article 1 of the Model Law. (2) “Model Law” means the Model Law on International Commercial Conciliation adopted by the United Nat…

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 this chapter does not modify, limit, or supersede section 101(c) of that act [15 U.S.C. § 7001…

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

On or after January 1, 2007, this chapter governs a mediation pursuant to a referral or an agreement to mediate, whenever made.

For the purposes of this chapter, the term: (1) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. (2) “A…

(a) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if the …

(a) This chapter governs an agreement to arbitrate made on or after [February 27, 2008]. (b) This chapter governs an agreement to arbitrate made before [February 27, 2008] if all the parties to the agreement or to the arbitration proceeding so agree in a record. (c)(1) Any provis…

(a) Except as otherwise provided in subsections (b) and (c) of his section, a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this chapter to the extent permitted by law. (b) Before a controv…

(a) Except as otherwise provided in § 16-4427, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to …

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) Th…

(a) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and (2) If the refusi…

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same ext…

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice …

(a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: (1) There are separat…