| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning civil law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Uniform Collaborative Law Act. | |||||||||||||||||||
6 | Section 2. Definitions. In this Act: | |||||||||||||||||||
7 | (1) "Collaborative law communication" means a statement, | |||||||||||||||||||
8 | whether oral or in a record, or verbal or nonverbal, that: | |||||||||||||||||||
9 | (A) is made to conduct, participate in, continue, or | |||||||||||||||||||
10 | reconvene a collaborative law process; and | |||||||||||||||||||
11 | (B) occurs after the parties sign a collaborative law | |||||||||||||||||||
12 | participation agreement and before the collaborative law | |||||||||||||||||||
13 | process is concluded. | |||||||||||||||||||
14 | (2) "Collaborative law participation agreement" means an | |||||||||||||||||||
15 | agreement by persons to participate in a collaborative law | |||||||||||||||||||
16 | process. | |||||||||||||||||||
17 | (3) "Collaborative law process" means a procedure intended | |||||||||||||||||||
18 | to resolve a collaborative matter without intervention by a | |||||||||||||||||||
19 | tribunal in which persons: | |||||||||||||||||||
20 | (A) sign a collaborative law participation agreement; | |||||||||||||||||||
21 | and | |||||||||||||||||||
22 | (B) are represented by collaborative lawyers. | |||||||||||||||||||
23 | (4) "Collaborative lawyer" means a lawyer who represents a |
| |||||||
| |||||||
1 | party in a collaborative law process. | ||||||
2 | (5) "Collaborative matter" means a dispute, transaction, | ||||||
3 | claim, problem, or issue for resolution, including a dispute, | ||||||
4 | claim, or issue in a proceeding, which is described in a | ||||||
5 | collaborative law participation agreement and arises under the | ||||||
6 | family or domestic relations law of this State, including: | ||||||
7 | (A) marriage, divorce, dissolution, annulment, and | ||||||
8 | property distribution; | ||||||
9 | (B) child custody, visitation, and parenting time; | ||||||
10 | (C) alimony, maintenance, and child support; | ||||||
11 | (D) adoption; | ||||||
12 | (E) parentage; and | ||||||
13 | (F) premarital, marital, and post-marital agreements. | ||||||
14 | (6) "Law firm" means: | ||||||
15 | (A) lawyers who practice law together in a partnership, | ||||||
16 | professional corporation, sole proprietorship, limited | ||||||
17 | liability company, or association; and | ||||||
18 | (B) lawyers employed in a legal services organization, | ||||||
19 | or the legal department of a corporation or other | ||||||
20 | organization, or the legal department of a government or | ||||||
21 | governmental subdivision, agency, or instrumentality. | ||||||
22 | (7) "Nonparty participant" means a person, other than a | ||||||
23 | party and the party's collaborative lawyer, that participates | ||||||
24 | in a collaborative law process. | ||||||
25 | (8) "Party" means a person that signs a collaborative law | ||||||
26 | participation agreement and whose consent is necessary to |
| |||||||
| |||||||
1 | resolve a collaborative matter. | ||||||
2 | (9) "Person" means an individual, corporation, business | ||||||
3 | trust, estate, trust, partnership, limited liability company, | ||||||
4 | association, joint venture, public corporation, government or | ||||||
5 | governmental subdivision, agency, or instrumentality, or any | ||||||
6 | other legal or commercial entity.
| ||||||
7 | (10) "Proceeding" means: | ||||||
8 | (A) a judicial, administrative, arbitral, or other | ||||||
9 | adjudicative process before a tribunal, including related | ||||||
10 | prehearing and post-hearing motions, conferences, and | ||||||
11 | discovery; or | ||||||
12 | (B) a legislative hearing or similar process. | ||||||
13 | (11) "Prospective party" means a person that discusses with | ||||||
14 | a prospective collaborative lawyer the possibility of signing a | ||||||
15 | collaborative law participation agreement. | ||||||
16 | (12) "Record" means information that is inscribed on a | ||||||
17 | tangible medium or that is stored in an electronic or other | ||||||
18 | medium and is retrievable in perceivable form. | ||||||
19 | (13) "Related to a collaborative matter" means involving | ||||||
20 | the same parties, transaction or occurrence, nucleus of | ||||||
21 | operative fact, dispute, claim, or issue as the collaborative | ||||||
22 | matter. | ||||||
23 | (14) "Sign" means, with present intent to authenticate or | ||||||
24 | adopt a record: | ||||||
25 | (A) to execute or adopt a tangible symbol; or | ||||||
26 | (B) to attach to or logically associate with the record |
| |||||||
| |||||||
1 | an electronic symbol, sound, or process. | ||||||
2 | (15) "Tribunal" means: | ||||||
3 | (A) a court, arbitrator, administrative agency, or | ||||||
4 | other body acting in an adjudicative capacity which, after | ||||||
5 | presentation of evidence or legal argument, has | ||||||
6 | jurisdiction to render a decision affecting a party's | ||||||
7 | interests in a matter; or | ||||||
8 | (B) a legislative body conducting a hearing or similar | ||||||
9 | process.
| ||||||
10 | Section 3. Applicability. This Act applies to a | ||||||
11 | collaborative law participation agreement that meets the | ||||||
12 | requirements of Section 4 signed on or after the effective date | ||||||
13 | of this Act. | ||||||
14 | Section 4. Collaborative law participation agreement; | ||||||
15 | requirements. | ||||||
16 | (a) A collaborative law participation agreement must: | ||||||
17 | (1) be in a record; | ||||||
18 | (2) be signed by the parties; | ||||||
19 | (3) state the parties' intention to resolve a | ||||||
20 | collaborative matter through a collaborative law process | ||||||
21 | under this Act; | ||||||
22 | (4) describe the nature and scope of the matter; | ||||||
23 | (5) identify the collaborative lawyer who represents | ||||||
24 | each party in the process; and |
| |||||||
| |||||||
1 | (6) contain a statement by each collaborative lawyer | ||||||
2 | confirming the lawyer's representation of a party in the | ||||||
3 | collaborative law process. | ||||||
4 | (b) Parties may agree to include in a collaborative law | ||||||
5 | participation agreement additional provisions not inconsistent | ||||||
6 | with this Act.
| ||||||
7 | Section 5. Beginning and concluding collaborative law | ||||||
8 | process.
| ||||||
9 | (a) A collaborative law process begins when the parties | ||||||
10 | sign a collaborative law participation agreement. | ||||||
11 | (b) A tribunal may not order a party to participate in a | ||||||
12 | collaborative law process over that party's objection. | ||||||
13 | (c) A collaborative law process is concluded by a: | ||||||
14 | (1) resolution of a collaborative matter as evidenced | ||||||
15 | by a signed record; | ||||||
16 | (2) resolution of a part of the collaborative matter, | ||||||
17 | evidenced by a signed record, in which the parties agree | ||||||
18 | that the remaining parts of the matter will not be resolved | ||||||
19 | in the process; or | ||||||
20 | (3) termination of the process. | ||||||
21 | (d) A collaborative law process terminates: | ||||||
22 | (1) when a party gives notice to other parties in a | ||||||
23 | record that the process is ended; | ||||||
24 | (2) when a party: | ||||||
25 | (A) begins a proceeding related to a collaborative |
| |||||||
| |||||||
1 | matter without the agreement of all parties; or | ||||||
2 | (B) in a pending proceeding related to the matter: | ||||||
3 | (i) initiates a pleading, motion, order to | ||||||
4 | show cause, or request for a conference with the | ||||||
5 | tribunal; | ||||||
6 | (ii) requests that the proceeding be put on the | ||||||
7 | tribunal's active calendar; or | ||||||
8 | (iii) takes similar action requiring notice to | ||||||
9 | be sent to the parties; or | ||||||
10 | (3) except as otherwise provided by subsection (g), | ||||||
11 | when a party discharges a collaborative lawyer or a | ||||||
12 | collaborative lawyer withdraws from further representation | ||||||
13 | of a party. | ||||||
14 | (e) A party's collaborative lawyer shall give prompt notice | ||||||
15 | to all other parties in a record of a discharge or withdrawal. | ||||||
16 | (f) A party may terminate a collaborative law process with | ||||||
17 | or without cause. | ||||||
18 | (g) Notwithstanding the discharge or withdrawal of a | ||||||
19 | collaborative lawyer, a collaborative law process continues, | ||||||
20 | if not later than 30 days after the date that the notice of the | ||||||
21 | discharge or withdrawal of a collaborative lawyer required by | ||||||
22 | subsection (e) is sent to the parties: | ||||||
23 | (1) the unrepresented party engages a successor | ||||||
24 | collaborative lawyer; and | ||||||
25 | (2) in a signed record: | ||||||
26 | (A) the parties consent to continue the process by |
| |||||||
| |||||||
1 | reaffirming the collaborative law participation | ||||||
2 | agreement; | ||||||
3 | (B) the agreement is amended to identify the | ||||||
4 | successor collaborative lawyer; and
| ||||||
5 | (C) the successor collaborative lawyer confirms | ||||||
6 | the lawyer's representation of a party in the | ||||||
7 | collaborative process. | ||||||
8 | (h) A collaborative law process does not conclude if, with | ||||||
9 | the consent of the parties, a party requests a tribunal to | ||||||
10 | approve a resolution of the collaborative matter or any part | ||||||
11 | thereof as evidenced by a signed record. | ||||||
12 | (i) A collaborative law participation agreement may | ||||||
13 | provide additional methods of concluding a collaborative law | ||||||
14 | process. | ||||||
15 | Section 6. Proceedings pending before tribunal; status | ||||||
16 | report.
| ||||||
17 | (a) Persons in a proceeding pending before a tribunal may | ||||||
18 | sign a collaborative law participation agreement to seek to | ||||||
19 | resolve a collaborative matter related to the proceeding. The | ||||||
20 | parties shall file promptly with the tribunal a notice of the | ||||||
21 | agreement after it is signed. Subject to subsection (c) and | ||||||
22 | Sections 7 and 8, the filing operates as an application for a | ||||||
23 | stay of the proceeding.
| ||||||
24 | (b) The parties shall file promptly with the tribunal | ||||||
25 | notice in a record when a collaborative law process concludes. |
| |||||||
| |||||||
1 | The stay of the proceeding under subsection (a) is lifted when | ||||||
2 | the notice is filed. The notice may not specify any reason for | ||||||
3 | termination of the process. | ||||||
4 | (c) A tribunal in which a proceeding is stayed under | ||||||
5 | subsection (a) may require the parties and collaborative | ||||||
6 | lawyers to provide a status report on the collaborative law | ||||||
7 | process and the proceeding. A status report may include only | ||||||
8 | information on whether the process is ongoing or concluded. It | ||||||
9 | may not include a report, assessment, evaluation, | ||||||
10 | recommendation, finding, or other communication regarding a | ||||||
11 | collaborative law process or collaborative law matter. | ||||||
12 | (d) A tribunal may not consider a communication made in | ||||||
13 | violation of subsection (c). | ||||||
14 | (e) A tribunal shall provide parties notice and an | ||||||
15 | opportunity to be heard before dismissing a proceeding in which | ||||||
16 | a notice of collaborative process is filed based on delay or | ||||||
17 | failure to prosecute.
| ||||||
18 | Section 7. Emergency order. During a collaborative law | ||||||
19 | process, a tribunal may issue emergency orders to protect the | ||||||
20 | health, safety, welfare, or interest of a party or person | ||||||
21 | identified as protected in Section 201 of the Illinois Domestic | ||||||
22 | Violence Act of 1986. | ||||||
23 | Section 8. Approval of agreement by tribunal. A tribunal | ||||||
24 | may approve an agreement resulting from a collaborative law |
| |||||||
| |||||||
1 | process. | ||||||
2 | Section 9. Disqualification of collaborative lawyer and | ||||||
3 | lawyers in associated law firm.
| ||||||
4 | (a) Except as otherwise provided in subsection (c), a | ||||||
5 | collaborative lawyer is disqualified
from appearing before a | ||||||
6 | tribunal to represent a party in a proceeding related to the | ||||||
7 | collaborative matter. | ||||||
8 | (b) Except as otherwise provided in subsection (c) and | ||||||
9 | Sections 10 and 11, a lawyer in a law firm with which the | ||||||
10 | collaborative lawyer is associated is disqualified from | ||||||
11 | appearing before a tribunal to represent a party in a | ||||||
12 | proceeding related to the collaborative matter if the | ||||||
13 | collaborative lawyer is disqualified from doing so under | ||||||
14 | subsection (a). | ||||||
15 | (c) A collaborative lawyer or a lawyer in a law firm with | ||||||
16 | which the collaborative lawyer is associated may represent a | ||||||
17 | party: | ||||||
18 | (1) to ask a tribunal to approve an agreement resulting | ||||||
19 | from the collaborative law process; or
| ||||||
20 | (2) to seek or defend an emergency order to protect the | ||||||
21 | health, safety, welfare, or interest of a party or person | ||||||
22 | identified in Section 201 of the Illinois Domestic Violence | ||||||
23 | Act of 1986 if a successor lawyer is not immediately | ||||||
24 | available to represent that person. | ||||||
25 | (d) If subsection (c)(2) applies, a collaborative lawyer, |
| |||||||
| |||||||
1 | or lawyer in a law firm with which the collaborative lawyer is | ||||||
2 | associated, may represent a party or person identified in | ||||||
3 | Section 201 of the Illinois Domestic Violence Act of 1986 only | ||||||
4 | until the person is represented by a successor lawyer or | ||||||
5 | reasonable measures are taken to protect the health, safety, | ||||||
6 | welfare, or interest of the person.
| ||||||
7 | Section 10. Low income parties.
| ||||||
8 | (a) The disqualification of Section 9(a) applies to a | ||||||
9 | collaborative lawyer representing a party with or without fee.
| ||||||
10 | (b) After a collaborative law process concludes, another | ||||||
11 | lawyer in a law firm with which a collaborative lawyer | ||||||
12 | disqualified under Section 9(a) is associated may represent a | ||||||
13 | party without fee in the collaborative matter or a matter | ||||||
14 | related to the collaborative matter if: | ||||||
15 | (1) the party has an annual income that qualifies the | ||||||
16 | party for free legal representation under the criteria | ||||||
17 | established by the law firm for free legal representation; | ||||||
18 | (2) the collaborative law participation agreement so | ||||||
19 | provides; and | ||||||
20 | (3) the collaborative lawyer is isolated from any | ||||||
21 | participation in the collaborative matter or a matter | ||||||
22 | related to the collaborative matter through procedures | ||||||
23 | within the law firm which are reasonably calculated to | ||||||
24 | isolate the collaborative lawyer from such participation.
|
| |||||||
| |||||||
1 | Section 11. Governmental entity as party.
| ||||||
2 | (a) The disqualification of Section 9(a) applies to a | ||||||
3 | collaborative lawyer representing a party that is a government | ||||||
4 | or governmental subdivision, agency, or instrumentality. | ||||||
5 | (b) After a collaborative law process concludes, another | ||||||
6 | lawyer in a law firm with which the collaborative lawyer is | ||||||
7 | associated may represent a government or governmental | ||||||
8 | subdivision, agency, or instrumentality in the collaborative | ||||||
9 | matter or a matter related to the collaborative matter if: | ||||||
10 | (1) the collaborative law participation agreement so | ||||||
11 | provides; and | ||||||
12 | (2) the collaborative lawyer is isolated from any | ||||||
13 | participation in the collaborative matter or a matter | ||||||
14 | related to the collaborative matter through procedures | ||||||
15 | within the law firm which are reasonably calculated to | ||||||
16 | isolate the collaborative lawyer from such participation.
| ||||||
17 | Section 12. Disclosure of information. Except as provided | ||||||
18 | by law other than this Act, during the collaborative law | ||||||
19 | process, on the request of another party, a party shall make | ||||||
20 | timely, full, candid, and informal disclosure of information | ||||||
21 | related to the collaborative matter without formal discovery. A | ||||||
22 | party also shall update promptly previously disclosed | ||||||
23 | information that has materially changed. The parties may define | ||||||
24 | the scope of disclosure during the collaborative law process. |
| |||||||
| |||||||
1 | Section 13. Standards of professional responsibility and | ||||||
2 | mandatory reporting not affected. This Act does not affect:
| ||||||
3 | (1) the professional responsibility obligations and | ||||||
4 | standards applicable to a lawyer or other licensed | ||||||
5 | professional; or
| ||||||
6 | (2) the obligation of a person to report abuse or | ||||||
7 | neglect, abandonment, or exploitation of a child or adult | ||||||
8 | under the law of this State.
| ||||||
9 | Section 14. Appropriateness of collaborative law process. | ||||||
10 | Before a prospective party signs a collaborative law | ||||||
11 | participation agreement, a prospective collaborative lawyer | ||||||
12 | shall: | ||||||
13 | (1) assess with the prospective party factors the | ||||||
14 | lawyer reasonably believes relate to whether a | ||||||
15 | collaborative law process is appropriate for the | ||||||
16 | prospective party's matter; | ||||||
17 | (2) provide the prospective party with information | ||||||
18 | that the lawyer reasonably believes is sufficient for the | ||||||
19 | party to make an informed decision about the material | ||||||
20 | benefits and risks of a collaborative law process as | ||||||
21 | compared to the material benefits and risks of other | ||||||
22 | reasonably available alternatives for resolving the | ||||||
23 | proposed collaborative matter, such as litigation, | ||||||
24 | mediation, arbitration, or expert evaluation; and | ||||||
25 | (3) advise the prospective party that: |
| |||||||
| |||||||
1 | (A) after signing an agreement if a party initiates | ||||||
2 | a proceeding or seeks tribunal intervention in a | ||||||
3 | pending proceeding related to the collaborative | ||||||
4 | matter, the collaborative law process terminates; | ||||||
5 | (B) participation in a collaborative law process | ||||||
6 | is voluntary and any party has the right to terminate | ||||||
7 | unilaterally a collaborative law process with or | ||||||
8 | without cause; and | ||||||
9 | (C) the collaborative lawyer and any lawyer in a | ||||||
10 | law firm with which the collaborative lawyer is | ||||||
11 | associated may not appear before a tribunal to | ||||||
12 | represent a party in a proceeding related to the | ||||||
13 | collaborative matter, except as authorized by Section | ||||||
14 | 9(c), 10(b), or 11(b).
| ||||||
15 | Section 15. Coercive or violent relationship.
| ||||||
16 | (a) Before a prospective party signs a collaborative law | ||||||
17 | participation agreement, a prospective collaborative lawyer | ||||||
18 | shall make reasonable inquiry whether the prospective party has | ||||||
19 | a history of a coercive or violent relationship with another | ||||||
20 | prospective party. | ||||||
21 | (b) Throughout a collaborative law process, a | ||||||
22 | collaborative lawyer reasonably and continuously shall assess | ||||||
23 | whether the party the collaborative lawyer represents has a | ||||||
24 | history of a coercive or violent relationship with another | ||||||
25 | party. |
| |||||||
| |||||||
1 | (c) If a collaborative lawyer reasonably believes that the | ||||||
2 | party the lawyer represents or the prospective party who | ||||||
3 | consults the lawyer has a history of a coercive or violent | ||||||
4 | relationship with another party or prospective party, the | ||||||
5 | lawyer may not begin or continue a collaborative law process | ||||||
6 | unless: | ||||||
7 | (1) the party or the prospective party requests | ||||||
8 | beginning or continuing a process; and | ||||||
9 | (2) the collaborative lawyer reasonably believes that | ||||||
10 | the safety of the party or prospective party can be | ||||||
11 | protected adequately during a process.
| ||||||
12 | Section 16. Confidentiality of collaborative law | ||||||
13 | communication. A collaborative law communication is | ||||||
14 | confidential to the extent agreed by the parties in a signed | ||||||
15 | record or as provided by law of this State other than this Act. | ||||||
16 | Section 17. Privilege against disclosure for collaborative | ||||||
17 | law communication; admissibility; discovery.
| ||||||
18 | (a) Subject to Sections 18 and 19, a collaborative law | ||||||
19 | communication is privileged under subsection (b), is not | ||||||
20 | subject to discovery, and is not admissible in evidence. | ||||||
21 | (b) In a proceeding, the following privileges apply:
| ||||||
22 | (1) A party may refuse to disclose, and may prevent any | ||||||
23 | other person from disclosing, a collaborative law | ||||||
24 | communication. |
| |||||||
| |||||||
1 | (2) A nonparty participant may refuse to disclose, and | ||||||
2 | may prevent any other person from disclosing, a | ||||||
3 | collaborative law communication of the nonparty | ||||||
4 | participant.
| ||||||
5 | (c) Evidence or information that is otherwise admissible or | ||||||
6 | subject to discovery does not become inadmissible or protected | ||||||
7 | from discovery solely because of its disclosure or use in a | ||||||
8 | collaborative law process. | ||||||
9 | Section 18. Waiver and preclusion of privilege.
| ||||||
10 | (a) A privilege under Section 17 may be waived in a record | ||||||
11 | or orally during a proceeding if it is expressly waived by all | ||||||
12 | parties and, in the case of the privilege of a nonparty | ||||||
13 | participant, it is also expressly waived by the nonparty | ||||||
14 | participant.
| ||||||
15 | (b) A person that makes a disclosure or representation | ||||||
16 | about a collaborative law communication which prejudices | ||||||
17 | another person in a proceeding may not assert a privilege under | ||||||
18 | Section 17, but this preclusion applies only to the extent | ||||||
19 | necessary for the person prejudiced to respond to the | ||||||
20 | disclosure or representation.
| ||||||
21 | Section 19. Limits of privilege.
| ||||||
22 | (a) There is no privilege under Section 17 for a | ||||||
23 | collaborative law communication that is: | ||||||
24 | (1) available to the public under the Freedom of |
| |||||||
| |||||||
1 | Information Act or made during a session of a collaborative | ||||||
2 | law process that is open, or is required by law to be open, | ||||||
3 | to the public; | ||||||
4 | (2) a threat or statement of a plan to inflict bodily | ||||||
5 | injury or commit a crime of violence; | ||||||
6 | (3) intentionally used to plan a crime, commit or | ||||||
7 | attempt to commit a crime, or conceal an ongoing crime or | ||||||
8 | ongoing criminal activity; or | ||||||
9 | (4) in an agreement resulting from the collaborative | ||||||
10 | law process, evidenced by a record signed by all parties to | ||||||
11 | the agreement. | ||||||
12 | (b) The privileges under Section 17 for a collaborative law | ||||||
13 | communication do not apply to the extent that a communication | ||||||
14 | is: | ||||||
15 | (1) sought or offered to prove or disprove a claim or | ||||||
16 | complaint of professional misconduct or malpractice | ||||||
17 | arising from or related to a collaborative law process; or | ||||||
18 | (2) sought or offered to prove or disprove abuse, | ||||||
19 | neglect, abandonment, or exploitation of a child or adult, | ||||||
20 | unless a child protective services agency or adult | ||||||
21 | protective services agency is a party to or otherwise | ||||||
22 | participates in the process.
| ||||||
23 | (c) There is no privilege under Section 17 if a tribunal | ||||||
24 | finds, after a hearing in camera, that the party seeking | ||||||
25 | discovery or the proponent of the evidence has shown the | ||||||
26 | evidence is not otherwise available, the need for the evidence |
| |||||||
| |||||||
1 | substantially outweighs the interest in protecting | ||||||
2 | confidentiality, and the collaborative law communication is | ||||||
3 | sought or offered in: | ||||||
4 | (1) a court proceeding involving a felony or | ||||||
5 | misdemeanor; or | ||||||
6 | (2) a proceeding seeking rescission or reformation of a | ||||||
7 | contract arising out of the collaborative law process or in | ||||||
8 | which a defense to avoid liability on the contract is | ||||||
9 | asserted. | ||||||
10 | (d) If a collaborative law communication is subject to an | ||||||
11 | exception under subsection (b) or (c), only the part of the | ||||||
12 | communication necessary for the application of the exception | ||||||
13 | may be disclosed or admitted. | ||||||
14 | (e) Disclosure or admission of evidence excepted from the | ||||||
15 | privilege under subsection (b) or (c) does not make the | ||||||
16 | evidence or any other collaborative law communication | ||||||
17 | discoverable or admissible for any other purpose. | ||||||
18 | (f) The privileges under Section 17 do not apply if the | ||||||
19 | parties agree in advance in a signed record, or if a record of | ||||||
20 | a proceeding reflects agreement by the parties, that all or | ||||||
21 | part of a collaborative law process is not privileged. This | ||||||
22 | subsection does not apply to a collaborative law communication | ||||||
23 | made by a person that did not receive actual notice of the | ||||||
24 | agreement before the communication was made.
| ||||||
25 | Section 20. Authority of tribunal in case of noncompliance. |
| |||||||
| |||||||
1 | (a) If an agreement fails to meet the requirements of | ||||||
2 | Section 4, or a lawyer fails to comply with Section 14 or 15, a | ||||||
3 | tribunal may nonetheless find that the parties intended to | ||||||
4 | enter into a collaborative law participation agreement if they: | ||||||
5 | (1) signed a record indicating an intention to enter | ||||||
6 | into a collaborative law participation agreement; and | ||||||
7 | (2) reasonably believed they were participating in a | ||||||
8 | collaborative law process. | ||||||
9 | (b) If a tribunal makes the findings specified in | ||||||
10 | subsection (a), and the interests of justice require, the | ||||||
11 | tribunal may: | ||||||
12 | (1) enforce an agreement evidenced by a record | ||||||
13 | resulting from the process in which the parties | ||||||
14 | participated; | ||||||
15 | (2) apply the disqualification provisions of Sections | ||||||
16 | 5, 6, 9, 10, and 11; and | ||||||
17 | (3) apply a privilege under Section 17.
| ||||||
18 | Section 21. Uniformity of application and construction. In | ||||||
19 | applying and construing this uniform Act, consideration must be | ||||||
20 | given to the need to promote uniformity of the law with respect | ||||||
21 | to its subject matter among states that enact it. | ||||||
22 | Section 22. Relation to electronic signatures in global and | ||||||
23 | national commerce act. This Act modifies, limits, and | ||||||
24 | supersedes the federal Electronic Signatures in Global and |
| |||||||
| |||||||
1 | National Commerce Act, 15 U.S.C. Section 7001, et seq., but | ||||||
2 | does not modify, limit, or supersede Section 101(c) of that | ||||||
3 | Act, 15 U.S.C Section 7001(c), or authorize electronic delivery | ||||||
4 | of any of the notices described in Section 103(b) of that Act, | ||||||
5 | 15 U.S.C. Section 7003(b). | ||||||
6 | Section 23. (Blank).
| ||||||
7 | Section 24. (Blank).
|