Section 691.1331 – Short Title.
691.1331 Short title. Sec. 1. This act shall be known and may be cited as the “uniform collaborative law act”. History: 2014, Act 159, Eff. Dec. 8, 2014
Section 691.1332 – Definitions.
691.1332 Definitions. Sec 2. As used in this act: (a) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, to which both of the following apply: (i) The statement is made to conduct, participate in, continue, or reconvene a collaborative law process. (ii) The statement occurs after the […]
Section 691.1333 – Applicability of Act.
691.1333 Applicability of act. Sec. 3. This act applies to a collaborative law participation agreement that meets the requirements of section 4 signed on or after the effective date of this act. History: 2014, Act 159, Eff. Dec. 8, 2014
Section 691.1334 – Collaborative Law Participation Agreement; Requirements.
691.1334 Collaborative law participation agreement; requirements. Sec. 4. (1) A collaborative law participation agreement must satisfy all of the following requirements: (a) Be in a record. (b) Be signed by the parties. (c) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this act. (d) Describe the nature and […]
Section 691.1335 – Beginning and Concluding Collaborative Law Process.
691.1335 Beginning and concluding collaborative law process. Sec. 5. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party’s objection. (3) A collaborative law process is concluded by 1 of the following: […]
Section 691.1336 – Proceeding Pending Before Tribunal; Status Report.
691.1336 Proceeding pending before tribunal; status report. Sec. 6. (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to […]
Section 691.1337 – Emergency Orders.
691.1337 Emergency orders. Sec. 7. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party as provided in section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950. History: 2014, Act 159, Eff. Dec. 8, 2014
Section 691.1338 – Approval of Agreement by Tribunal.
691.1338 Approval of agreement by tribunal. Sec. 8. A tribunal may approve an agreement resulting from a collaborative law process. History: 2014, Act 159, Eff. Dec. 8, 2014
Section 691.1339 – Disqualification of Collaborative Lawyer in Associated Law Firm.
691.1339 Disqualification of collaborative lawyer in associated law firm. Sec. 9. (1) Except as otherwise provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (2) Except as otherwise provided in subsection (3) and sections 10 and 11, a […]
Section 691.1340 – Representation of Party With or Without Fee.
691.1340 Representation of party with or without fee. Sec. 10. (1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party with or without fee. (2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under section 9(1) is associated may represent a […]
Section 691.1341 – Governmental Entity as Party.
691.1341 Governmental entity as party. Sec. 11. (1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government […]
Section 691.1342 – Disclosure of Information.
691.1342 Disclosure of information. Sec. 12. Except as provided by law other than this act, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information […]
Section 691.1343 – Standards of Professional Responsibility and Mandatory Reporting Not Affected.
691.1343 Standards of professional responsibility and mandatory reporting not affected. Sec. 13. This act does not affect either of the following: (a) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional. (b) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult […]
Section 691.1344 – Prospective Collaborative Lawyer; Duties.
691.1344 Prospective collaborative lawyer; duties. Sec. 14. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following: (a) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter. (b) Provide the […]
Section 691.1345 – Coercive or Violent Relationship.
691.1345 Coercive or violent relationship. Sec. 15. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. A reasonable inquiry includes the use of the domestic violence screening protocol […]
Section 691.1346 – Confidentiality of Collaborative Law Communication.
691.1346 Confidentiality of collaborative law communication. Sec. 16. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this act. History: 2014, Act 159, Eff. Dec. 8, 2014
Section 691.1347 – Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery.
691.1347 Privilege against disclosure for collaborative law communication; admissibility; discovery. Sec. 17. (1) Subject to sections 18 and 19, a collaborative law communication is privileged under subsection (2), is not subject to discovery, and is not admissible in evidence. (2) In a proceeding, the following privileges apply: (a) A party may refuse to disclose, and […]
Section 691.1348 – Waiver and Preclusion of Privilege.
691.1348 Waiver and preclusion of privilege. Sec. 18. (1) A privilege under section 17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (2) A […]
Section 691.1349 – Limits of Privilege.
691.1349 Limits of privilege. Sec. 19. (1) There is no privilege under section 17 for a collaborative law communication that is any of the following: (a) Available to the public under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, or made during a session of a collaborative law process that is […]
Section 691.1350 – Authority of Tribunal in Case of Noncompliance.
691.1350 Authority of tribunal in case of noncompliance. Sec. 20. (1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following […]