(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 […]
(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 […]
(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 […]
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.
A tribunal may approve an agreement resulting from a collaborative law process.
(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 […]
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.
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.
(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 […]
(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 […]
(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; […]
(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 […]
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.
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 […]
This subtitle may be cited as the Maryland Uniform Collaborative Law Act.
