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 […]
Section 3-2003 – 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. (c) A collaborative law process is concluded by: (1) A resolution of a collaborative matter as evidenced by a signed record; (2) A resolution of a […]
Section 3-2004 – Emergency Order
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a person eligible for relief.
Section 3-2005 – Approval of Agreement by Tribunal
A tribunal may approve an agreement resulting from a collaborative law process.
Section 3-2006 – Disclosure of Information
(a) Except as provided by law other than this subtitle, during the collaborative law process a party shall: (1) On the request of another party, make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery; and (2) Update promptly previously disclosed information that has materially changed. (b) Parties may define the scope […]
Section 3-2007 – Standards of Professional Responsibility and Reporting Not Affected
This subtitle 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 or neglect, abandonment, or exploitation of a child or an adult under State law.
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 […]