Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:23D-13 Privileges. 13. a. Subject to sections 14 and 15 of P.L.2014, c.50 (C.2A:23D-14 and C.2A:23D-15), a family collaborative law communication made by a party or any nonparty participant is privileged under subsection b. of this section, is not subject to discovery, and is …

2A:23D-14 Waiver of privilege. 14. a. A privilege under section 13 of P.L.2014, c.50 (C.2A:23D-13) may be waived in a record or orally during a proceeding if it is expressly waived by both parties and, in the case of the privilege of a nonparty participant, it is also expressly w…

2A:23D-15 Exemption from privilege. 15. a. There is no privilege under section 13 of P.L.2014, c.50 (C.2A:23D-13) for a family collaborative law communication that is: (1) made during a session of a family collaborative law process that is open, or is required by law to be open, …

2A:23D-16 Family collaborative law agreement, intention to enter into. 16. If a family collaborative law participation agreement fails to meet the requirements of section 5 of P.L.2014, c.50 (C.2A:23D-5), the parties may be found to have intended to enter into a family collaborat…

2A:23D-17 Application, construction of act. 17. In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact a family collaborative law act. L.2014, c.50, s.17.

2A:23D-18 Severability. 18. If any provision of P.L.2014, c.50 (C.2A:23D-1 et seq.) or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of P.L.2014, c.50 (C.2A:23D-1 et seq.) which can be given effect …

2A:23D-2 Findings, declarations relative to family collaborative law. 2. The Legislature finds and declares: a. Since at least 2005, attorneys in New Jersey have participated in the dispute resolution method known as family collaborative law, in which an attorney is retained for …

2A:23D-3 Definitions relative to family collaborative law. 3. As used in this act: a. "Family collaborative law communication" means a statement, whether oral or in a record, that is made in the course of a family collaborative law process and occurs after the parties sign a fami…

2A:23D-4 Application of act. 4. P.L.2014, c.50 (C.2A:23D-1 et seq.) applies to a family collaborative law process that is subject to a family collaborative law participation agreement, meets the requirements set forth in section 5 of P.L.2014, c.50 (C.2A:23D- 5), and is signed on…

2A:23D-5 Family collaborative law participation agreement. 5. a. A family collaborative law participation agreement shall: (1) be in a record; (2) be signed by the parties; (3) state the parties' intention to resolve a family law dispute through a family collaborative law process…

2A:23D-6 Beginning of family collaborative law process. 6. a. A family collaborative law process begins when the parties sign a family collaborative law participation agreement. b. Participation in a family collaborative law process is voluntary and may not be compelled by a trib…

2A:23D-7 Conclusion of family collaborative law process. 7. a. A family collaborative law process is concluded by either: (1) resolution of a family law dispute as evidenced by a signed settlement agreement; or (2) termination of the process. b. A family collaborative law process…

2A:23D-8 Disqualification of family collaborative lawyer. 8. A lawyer in a law firm with which the family collaborative lawyer is associated in a partnership, professional corporation, sole proprietorship, limited liability company, or law association is disqualified from appeari…

2A:23D-9 Notice of cessation of representation; continuation of process. 9. a. If a family collaborative lawyer ceases or is disqualified from representation of a party, prompt notice of the cessation of representation or discharge shall be given to all parties in a record. b. No…