Title 36, Civil Remedies And Defenses And Special Proceedings

[§658G-13] Standards of professional responsibility and mandatory reporting not affected. This chapter does not affect:

[§658G-14] Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

[§658G-15] Coercive or violent relationship. (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 a…

[§658G-16] Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this State other than this chapter. [L 2012, c 207, pt of §1]

[§658G-17] Privilege against disclosure for collaborative law communication; admissibility; discovery. (a) Subject to sections 658G-18 and 658G-19, a collaborative law communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence…

[§658G-18] Waiver and preclusion of privilege. (a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the no…

[§658G-19] Limits of privilege. (a) There is no privilege under section 658G-17 for a collaborative law communication that is: (b) The privilege under section 658G-17 for a collaborative law communication does not apply to the extent that a communication is: (c) There is no privi…

[§658G-2] Definitions. As used in this chapter: "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: "Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.…

[§658G-20] Authority of tribunal in case of noncompliance. (a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative la…

[§658G-21] Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2012, c 207, pt of §1]

[§658G-22] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section …

[§658G-3] Applicability. This chapter applies to a collaborative law participation agreement that meets the requirements of section 658G-4 signed after July 1, 2012. [L 2012, c 207, pt of §1]

[§658G-4] Collaborative law participation agreement; requirements. (a) A collaborative law participation agreement shall: (b) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter. [L 2012, c 207, pt o…

[§658G-5] Beginning and concluding a collaborative law process. (a) A collaborative law process begins when the parties sign a collaborative law participation agreement. (b) A tribunal may not order a party to participate in a collaborative law process over that party's objection…

[§658G-6] Proceedings pending before tribunal; status report. (a) Persons in a proceeding pending before a 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 t…

[§658G-7] Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or family or household member as defined in section 586-1. [L 2012, c 207, pt of §1]

[§658G-8] Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process. [L 2012, c 207, pt of §1]

[§658G-9] Disqualification of collaborative lawyer and lawyers in associated law firm. (a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative mat…