Section 17 - Privilege Against Disclosure of Collaborative Family Law Communication(a) Except as provided by Section 18, a collaborative family law communication, whether made before or after the institution of a proceeding, is privileged and not subject to discovery and may not be admissible in evidence against a party or nonparty participating in a proceeding.(b) Any record of a collaborative family law communication is privileged, and neither the parties nor the nonparty participants may be required to testify in a proceeding related to or arising out of the collaborative family law matter or be subject to a process requiring disclosure of privileged information related to the collaborative matter.(c) An oral communication or written material used in or made a part of a collaborative family law process is admissible or discoverable if it is admissible or discoverable independent of the collaborative family law process.(d) If this Section conflicts with other legal requirements for disclosure of communications, records, or materials, the issue of privilege may be presented to the court having jurisdiction of the proceeding to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the court or whether the communications or materials are subject to disclosure. The presentation of the issue of privilege under this Subsection does not constitute a termination of the collaborative family law process under Section 5, Subsection (d)(2) b.(e) A party or nonparty participant may disclose privileged collaborative family law communications to a party's successor counsel, subject to the terms of confidentiality in the collaborative family law participation agreement. Collaborative family law communications disclosed under this Subsection remain privileged.(f) A person who makes a disclosure or representation about a collaborative family law communication that prejudices the rights of a party or nonparty participant in a proceeding may not assert a privilege under this Section. The restriction provided by this Subsection applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Adopted by order filed and effective 4/1/2019.