Section 3-2008 – 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 State law other than in this subtitle.
Section 3-2009 – Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery
(a) Subject to §§ 3–2011 and 3–2012 of this subtitle, a collaborative law communication is privileged under subsection (b) of this section, is not subject to discovery, and is not admissible in evidence. (b) In a proceeding, the following privileges apply: (1) A party may refuse to disclose and may prevent any other person from disclosing a collaborative […]
Section 3-2010 – Waiver and Preclusion of Privilege
(a) A privilege under § 3–2009 of this subtitle may be waived in a record or orally during a proceeding if it is expressly waived by each party and, in the case of the privilege of a nonparty participant, the privilege is also expressly waived by the nonparty participant. (b) A person that makes a disclosure or […]
Section 3-2011 – Limits of Privilege
(a) There is no privilege under § 3–2009 of this subtitle for a collaborative law communication that is: (1) Available to the public under Title 10, Subtitle 6 of the State Government Article or made during a session of a collaborative law process that is open or is required by law to be open to the public; […]
Section 3-2012 – Authority of Tribunal in Case of Noncompliance
(a) Notwithstanding the failure of an agreement to meet the requirements of § 3–2002 of this subtitle, a tribunal may find that the parties intended to enter into a collaborative law participation agreement if the parties: (1) Signed a record indicating an intention to enter into a collaborative law participation agreement; and (2) Reasonably believed they were participating […]
Section 3-2013 – Uniformity of Application and Construction
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 3-2014 – Relation to Electronic Signatures in Global and National Commerce Act
This subtitle modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.A. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C.A. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 […]
Section 3-2015 – Short Title
This subtitle may be cited as the Maryland Uniform Collaborative Law Act.
Section 3-2001 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Collaborative law communication” means a statement, whether oral or in a record or verbal or nonverbal, that: (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and (2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative […]
Section 3-2002 – Collaborative Law Participation Agreement; Requirements
(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 subtitle; (4) Describe the nature and scope of the matter; (5) Identify the collaborative lawyer who represents each party in the process; and (6) Contain a statement […]