Ala. Code § 6-6-26 Short Title.
6-6-26. Short Title.
This division may be cited as the Alabama Uniform Collaborative Law Act.
(Act 2013-355, p. 1267, §1.)
Alabama Uniform Collaborative Law Act.
Ala. Code tit. 6, ch. 6, art. 1, div. 4
in effectAla. Code § 6-6-26.01 Definitions.
6-6-26.01. Definitions.
In this division:
(1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that:
(A) is made to conduct, participate in, continue, or reconvene a collaborative law process; and
(B) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(2) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.
(3) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:
(A) sign a collaborative law participation agreement; and
(B) are represented by collaborative lawyers.
(4) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.
(5) “Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including, but not limited to, the following:
(A) marriage, divorce, dissolution, annulment, and property distribution;
(B) child custody, visitation, and parenting time;
(C) alimony, maintenance, and child support;
(D) adoption and other probate court matters involving families and children;
(E) parentage; and
(F) premarital, marital, and post-marital agreements.
(6) “Law firm” means a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, and lawyers employed in a legal services organization.
(7) “Nonparty participant” means a person, other than a party and the party’s collaborative lawyer, that participates in a collaborative law process.
(8) “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
(9) “Person” means an individual or entity including those acting in a fiduciary capacity, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) “Proceeding” means:
(A) a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or
(B) a legislative hearing or similar process.
(11) “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
(14) “Sign” means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(15) “Tribunal” means:
(A) a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or
(B) a legislative body conducting a hearing or similar process.
(Act 2013-355, p. 1267, §2.)
Ala. Code § 6-6-26.02 Applicability.
6-6-26.02. Applicability.
This division applies to a collaborative law participation agreement that meets the requirements of Section 6-6-26.03 signed on or after January 1, 2014.
(Act 2013-355, p. 1267, §3.)
Ala. Code § 6-6-26.03 Collaborative Law Participation Agreement; Requirements.
6-6-26.03. Collaborative Law Participation Agreement; Requirements.
(a) A collaborative law participation agreement must:
(1) be in a record;
(2) be signed by the parties;
(3) state the parties’ intention to resolve a collaborative matter through a collaborative law process under this division;
(4) describe the nature and scope of the matter and the collaborative law process;
(5) identify the collaborative lawyer who represents each party in the process;
(6) contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process;
(7) contain a provision informing the client that the collaborative lawyer and his or her law firm must withdraw from their representation of the client should the collaborative law process terminate under subsection (d) of Section 6-6-26.04; and
(8) contain a statement explaining the disclosure of information required under Section 6-6-26.11.
(b) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this division.
(Act 2013-355, p. 1267, §4.)
Ala. Code § 6-6-26.04 Beginning and Concluding Collaborative Law Process.
6-6-26.04. Beginning and Concluding Collaborative Law Process.
(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(b) A tribunal may not order a party to participate in a collaborative law process over that party’s objection.
(c) A collaborative law process is concluded by a:
(1) resolution of a collaborative matter as evidenced by a signed record;
(2) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(3) termination of the process.
(d) A collaborative law process terminates:
(1) when a party gives notice to other parties in a record that the process is ended;
(2) when a party:
(A) begins a proceeding related to a collaborative matter without the agreement of all parties; or
(B) in a pending proceeding related to the matter:
(i) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(ii) requests that the proceeding be put on the tribunal’s active calendar; or
(iii) takes similar action requiring notice to be sent to the parties; or
(3) except as otherwise provided by subsection (g), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(e) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(f) A party may terminate a collaborative law process with or without cause.
(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (e) is sent to the parties:
(1) the unrepresented party engages a successor collaborative lawyer; and
(2) in a signed record:
(A) the parties consent to continue the process by reaffirming the collaborative law participation agreement;
(B) the agreement is amended to identify the successor collaborative lawyer; and
(C) the successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.
(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
(Act 2013-355, p. 1267, §5.)
Ala. Code § 6-6-26.05 Proceedings Pending Before Tribunal; Status Report.
6-6-26.05. Proceedings Pending Before Tribunal; Status Report.
(a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (c) and Sections 6-6-26.06 and 6-6-26.07, the filing operates as an application for a stay of the proceeding.
(b) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes by agreement of the parties or by either party if the process is terminated. The stay of the proceeding under subsection (a) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(c) A tribunal in which a proceeding is stayed under subsection (a) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(d) A tribunal may not consider a communication made in violation of subsection (c).
(e) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
(Act 2013-355, p. 1267, §6.)
Ala. Code § 6-6-26.06 Emergency Order.
6-6-26.06. Emergency Order.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a child of either party.
(Act 2013-355, p. 1267, §7.)
Ala. Code § 6-6-26.07 Approval of Agreement by Tribunal.
6-6-26.07. Approval of Agreement by Tribunal.
A tribunal may approve an agreement resulting from a collaborative law process.
(Act 2013-355, p. 1267, §8.)
Ala. Code § 6-6-26.08 Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
6-6-26.08. Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. This disqualification is not subject to waiver by the parties.
(b) Except as otherwise provided in subsection (c), a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (a) or other court order.
(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(1) to ask a tribunal to approve an agreement resulting from the collaborative law process and prepare and file all documents necessary to obtain a final order; or
(2) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or the party’s child including, but not limited to, a proceeding filed under the Protection from Abuse Act, Chapter 5 of Title 30, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or the party’s child only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
(Act 2013-355, p. 1267, §9.)
Ala. Code § 6-6-26.09 Low Income Parties.
6-6-26.09. Low Income Parties.
[Reserved]
(Act 2013-355, p. 1267, §10.)
Ala. Code § 6-6-26.10 Governmental Entity as Party.
6-6-26.10. Governmental Entity as Party.
[Reserved]
(Act 2013-355, p. 1267, §11.)
Ala. Code § 6-6-26.11 Disclosure of Information.
6-6-26.11. Disclosure of Information.
(a) Except as provided by law other than this division, during the collaborative law process, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed.
(b) The parties may define the scope of disclosure under subsection (a) during the collaborative law process.
(Act 2013-355, p. 1267, §12.)
Ala. Code § 6-6-26.12 Standards of Professional Responsibility and Mandatory Reporting Not Affected.
6-6-26.12. Standards of Professional Responsibility and Mandatory Reporting Not Affected.
This division does not affect:
(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(Act 2013-355, p. 1267, §13.)
Ala. Code § 6-6-26.13 Appropriateness of Collaborative Law Process.
6-6-26.13. Appropriateness of Collaborative Law Process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;
(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter; and
(3) advise the prospective party that:
(A) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(B) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(C) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection (c) of Section 6-6-26.08.
(Act 2013-355, p. 1267, §14.)
Ala. Code § 6-6-26.14 Coercive or Violent Relationship.
6-6-26.14. Coercive or Violent Relationship.
(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(b) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(1) the party or the prospective party requests beginning or continuing a process; and
(2) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
(Act 2013-355, p. 1267, §15.)
Ala. Code § 6-6-26.15 Confidentiality of Collaborative Law Communication.
6-6-26.15. Confidentiality of Collaborative Law Communication.
A collaborative law communication is confidential except to the extent agreed by the parties in a signed record or as provided by law of this state other than this division.
(Act 2013-355, p. 1267, §16.)
Ala. Code § 6-6-26.16 Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery.
6-6-26.16. Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery.
[Reserved]
(Act 2013-355, p. 1267, §17.)
Ala. Code § 6-6-26.17 Waiver and Preclusion of Privilege.
6-6-26.17. Waiver and Preclusion of Privilege.
[Reserved]
(Act 2013-355, p. 1267, §18.)
Ala. Code § 6-6-26.18 Limits of Privilege.
6-6-26.18. Limits of Privilege.
[Reserved]
(Act 2013-355, p. 1267, §19.)
Ala. Code § 6-6-26.19 Authority of Tribunal in Case of Noncompliance.
6-6-26.19. Authority of Tribunal in Case of Noncompliance.
(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2) reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and
(3) apply any privilege under law.
(Act 2013-355, p. 1267, §20.)
Ala. Code § 6-6-26.20 Uniformity of Application and Construction.
6-6-26.20. Uniformity of Application and Construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2013-355, p. 1267, §21.)
Ala. Code § 6-6-26.21 Relation to Electronic Signatures in Global and National Commerce Act.
6-6-26.21. Relation to Electronic Signatures in Global and National Commerce Act.
This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2013-355, p. 1267, §22.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026