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 […]
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 […]