Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7405 - Collaborative law participation agreement(a) Requirements.--A collaborative law participation agreement must: (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 section 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.Added by P.L. TBD 2018 No. 55, § 3, eff. 8/27/2018.