Title 691, JUDICIARY

Sec. 6. (1) 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 tribunal a notice of the agreement after it is signed. …

Sec. 7. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party as provided in section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.

Sec. 8. A tribunal may approve an agreement resulting from a collaborative law process.

Sec. 9. (1) Except as otherwise provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (2) Except as otherwise provided in subsection (3) and sections 10 and 11,…

Sec. 10. (1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party with or without fee. (2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under section 9(1) is associa…

Sec. 11. (1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the coll…

Sec. 12. Except as provided by law other than this act, during the collaborative law process, on 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 als…

Sec. 13. This act does not affect either of the following: (a) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional. (b) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or ad…

Sec. 14. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following: (a) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is a…

Sec. 15. (1) 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. A reasonab…

Sec. 16. 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 act.

Sec. 17. (1) Subject to sections 18 and 19, a collaborative law communication is privileged under subsection (2), is not subject to discovery, and is not admissible in evidence. (2) In a proceeding, the following privileges apply: (a) A party may refuse to disclose, and may preve…

Sec. 18. (1) A privilege under section 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 nonparty participant. (2) A person that makes…

Sec. 19. (1) There is no privilege under section 17 for a collaborative law communication that is any of the following: (a) Available to the public under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, or made during a session of a collaborative law process tha…

Sec. 20. (1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply: (a) The…

Sec. 21. 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.

Sec. 22. This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notic…

Sec. 24. This act takes effect 180 days after it is enacted into law.