§ 7401. Short title and scope of chapter. (a) Short title.–This chapter shall be known and may be cited as the Collaborative Law Act. (b) Scope.–This chapter shall apply to a collaborative law process between family members and arising from a participation agreement that meets the requirements of section 7405 (relating to collaborative law participation […]
§ 7402. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Collaborative communication.” A statement or question that concerns the collaborative law process or a collaborative matter and that occurs after the parties sign a collaborative law […]
§ 7403. Beginning the collaborative law process. (a) Voluntariness.–Participation in a collaborative law process is voluntary and may not be compelled by a tribunal. A party may terminate the collaborative law process at any time with or without cause. (b) Commencement.–A collaborative law process shall begin when the parties sign a collaborative law participation agreement. […]
§ 7404. Assessment and review. (a) General assessment.–Before entering into a collaborative law participation agreement, a prospective party shall: (1) Assess factors the prospective party’s attorney reasonably believes relate to whether the collaborative law process is appropriate for the matter and for the parties, including a prospective party or nonparty participant’s history, if any, of […]
§ 7405. Collaborative law participation agreement. (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 […]
§ 7406. Concluding the collaborative law process. (a) General rule.–A collaborative law process shall be concluded by: (1) Resolution of the collaborative matter, as evidenced by a signed record. (2) Resolution of a part of the collaborative matter and agreement by all parties that the remaining parts of the collaborative matter will not be resolved […]
§ 7407. Disqualification of collaborative attorney. (a) Rule.– (1) Except as provided in subsection (b), an attorney who represents a party in a collaborative law process and any law firm or government agency with which the attorney is associated shall be disqualified from representing any party or nonparty participant in a proceeding related to the […]
§ 7408. Disclosure of information. During the collaborative law process, parties shall provide timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery, and shall update promptly previously disclosed information that has materially changed.
§ 7409. Confidentiality. A collaborative law communication shall be confidential to the extent provided by the laws of this Commonwealth or as specified in the collaborative law participation agreement.
§ 7410. Privilege. (a) General rule.–Except as otherwise provided in this section, a collaborative communication is privileged, may not be compelled through discovery and shall not be admissible as evidence in an action or proceeding. Evidence that is otherwise admissible and subject to discovery shall not become inadmissible or protected from discovery solely because of […]
§ 7411. Professional responsibility. This chapter shall not affect the professional responsibility obligations and standards applicable to an attorney or other person professionally licensed or certified under State law.
