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§ 7405. Collaborative law participation agreement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: August 27, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 74. Collaborative Law Process (Refs & Annos)
Effective: August 27, 2018
42 Pa.C.S.A. § 7405
§ 7405. Collaborative law participation agreement
Currentness
(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.

Credits

2018, June 28, P.L. 381, No. 55, § 3, effective in 60 days [Aug. 27, 2018].
42 Pa.C.S.A. § 7405, PA ST 42 Pa.C.S.A. § 7405
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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