(a) Requirements.–A collaborative law participation agreement must:
(1) Be in writing.
(2) Be signed by the parties.
(3) State the parties’ intention to resolve a collaborative matter through a collaborative law process.
(4) Describe the nature and scope of the collaborative matter.
(5) Identify the attorney who represents each party in the collaborative law process.
(6) Include a statement that the representation of each attorney is limited to the collaborative law process and that the attorneys are disqualified from representing any party or nonparty participant in a proceeding related to a collaborative matter, consistent with this chapter.
(b) Optional provisions.–Parties may include in a collaborative law participation agreement additional provisions not inconsistent with this chapter or other applicable law, including, but not limited to:
(1) An agreement concerning confidentiality of collaborative communications.
(2) An agreement that part or all of the collaborative law process will not be privileged in a proceeding.
(3) The scope of voluntary disclosure.
(4) The role of nonparty participants.
(5) The retention and role of nonparty experts.
(6) The manner and duration of a collaborative law process under sections 7403 (relating to beginning the collaborative law process) and 7406 (relating to concluding the collaborative law process).
(c) Nonconforming agreements.–This chapter shall apply to an agreement that does not meet the requirements of subsection (a) if:
(1) The agreement indicates an intent to enter into a collaborative law participation agreement.
(2) The agreement is signed by all parties.
(3) A tribunal determines that the parties intended to and reasonably believed that they were entering into a collaborative law agreement subject to the requirements of this chapter.
Cross References. Section 7405 is referred to in section 7401 of this title.