42 Pa.C.S. Ch. 74

in effect

42 Pa.C.S. § 7401 Short title and scope of chapter.

(a) Short title.--This chapter shall be known and may be cited as the Collaborative Law Act. (b) Scope.--This chapter shall apply to a collaborative law process between family members and arising from a participation agreement that meets the requirements of section 7405 (relating to collaborative law participation agreement).

42 Pa.C.S. § 7402 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Collaborative communication." A statement or question that concerns the collaborative law process or a collaborative matter and that occurs after the parties sign a collaborative law participation agreement but before the collaborative law process is concluded. The term does not include a written settlement agreement that is signed by all parties to the agreement. "Collaborative law process." A procedure to resolve a claim, transaction, dispute or issue without intervention by a tribunal, in which procedure all parties sign a collaborative law participation agreement, all parties are represented by counsel and counsel is disqualified from representing the parties in a proceeding before a tribunal. "Collaborative matter." A dispute, transaction, claim or issue for resolution that is described in a participation agreement concerning any of the following: (1) Marriage, divorce and annulment. (2) Property distribution, usage and ownership. (3) Child custody, visitation and parenting time. (4) Parentage. (5) Alimony, alimony pendente lite, spousal support and child support. (6) Prenuptial, marital and postnuptial agreements. (7) Adoption. (8) Termination of parental rights. (9) A matter arising under 20 Pa.C.S. (relating to decedents, estates and fiduciaries). (10) A matter arising under 15 Pa.C.S. Pt. II (relating to corporations). "Family members." All of the following: (1) Spouses and former spouses. (2) Parents and children, including individuals acting in loco parentis. (3) Individuals currently or formerly cohabiting. (4) Other individuals related by consanguinity or affinity. "Nonparty participant." A person other than a party or a party's attorney that participates in the collaborative law process. The term may include, but is not limited to, support persons, mental health professionals, financial neutrals and potential parties. "Party." A person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. "Person." An individual, 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. "Proceeding." A judicial, administrative, arbitral or other adjudicative process before a tribunal. "Related matter." A matter involving the same parties, dispute, transaction, claim or issue as a collaborative matter. "Tribunal." A court, arbitrator, administrative agency or other body acting in an adjudicative capacity that has jurisdiction to render a binding decision directly affecting a party's interests in a matter.

42 Pa.C.S. § 7403 Beginning the collaborative law process.

(a) Voluntariness.--Participation in a collaborative law process is voluntary and may not be compelled by a tribunal. A party may terminate the collaborative law process at any time with or without cause. (b) Commencement.--A collaborative law process shall begin when the parties sign a collaborative law participation agreement. Parties to a proceeding pending before a tribunal may enter into a collaborative law process to resolve a matter related to the proceeding. Cross References. Section 7403 is referred to in section 7405 of this title.

42 Pa.C.S. § 7404 Assessment and review.

(a) General assessment.--Before entering into a collaborative law participation agreement, a prospective party shall: (1) Assess factors the prospective party's attorney reasonably believes relate to whether the collaborative law process is appropriate for the matter and for the parties, including a prospective party or nonparty participant's history, if any, of violent or threatening behavior. (2) Review information that the attorney reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process, as compared with other alternatives. (b) Threatening or violent behavior.-- (1) Before a prospective party signs a collaborative law participation agreement, an attorney shall inquire whether the prospective party has a history of threatening or violent behavior toward any party or nonparty participant who will be part of the collaborative law process. (2) If an attorney learns or reasonably believes, before commencing or at any point in the collaborative law process, that a party or prospective party has engaged in or has a history of threatening or violent behavior toward any other party or nonparty participant, the attorney may not begin or continue the collaborative law process unless the party or prospective party: (i) Requests beginning or continuing the collaborative law process. (ii) Indicates that the safety of all parties to the collaborative law process can be protected adequately during the collaborative law process. (c) Private cause of action.--An attorney's failure to protect a party under this section shall not give rise to a private cause of action against the attorney.

42 Pa.C.S. § 7405 Collaborative law participation agreement.

(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. Cross References. Section 7405 is referred to in section 7401 of this title.

42 Pa.C.S. § 7406 Concluding the collaborative law process.

(a) General rule.--A collaborative law process shall be concluded by: (1) Resolution of the collaborative matter, as evidenced by a signed record. (2) Resolution of a part of the collaborative matter and agreement by all parties that the remaining parts of the collaborative matter will not be resolved in the collaborative law process, as evidenced by a signed record. (3) Termination under subsection (b). (4) A method specified in the collaborative law participation agreement. (b) Termination.--A collaborative law process shall be terminated when: (1) A party gives written notice to all parties that the collaborative law process is terminated. (2) A party begins or resumes a pending proceeding before a tribunal related to a collaborative matter without the agreement of all parties. (3) Except as provided in subsection (c), a party discharges the party's attorney or the attorney withdraws from further representation of a party. An attorney who is discharged or withdraws shall give prompt written notice to all parties and nonparty participants. (c) Continuation.--Notwithstanding the discharge or withdrawal of a collaborative attorney, a collaborative law process shall continue if, not later than 30 days after the date that the notice under subsection (b)(3) is sent, the unrepresented party engages a successor attorney and the participation agreement is amended to identify the successor attorney. Cross References. Section 7406 is referred to in section 7405 of this title.

42 Pa.C.S. § 7407 Disqualification of collaborative attorney.

(a) Rule.-- (1) Except as provided in subsection (b), an attorney who represents a party in a collaborative law process and any law firm or government agency with which the attorney is associated shall be disqualified from representing any party or nonparty participant in a proceeding related to the collaborative matter. (2) Requesting the approval of a settlement agreement by a tribunal shall be considered part of the collaborative law process and not a related proceeding. (b) Exception.--Disqualification under subsection (a) shall not operate to prevent a collaborative attorney from seeking or defending an emergency order to protect the health, safety or welfare of a party or a family member.

42 Pa.C.S. § 7408 Disclosure of information.

During the collaborative law process, parties shall provide timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery, and shall update promptly previously disclosed information that has materially changed.

42 Pa.C.S. § 7409 Confidentiality.

A collaborative law communication shall be confidential to the extent provided by the laws of this Commonwealth or as specified in the collaborative law participation agreement.

42 Pa.C.S. § 7410 Privilege.

(a) General rule.--Except as otherwise provided in this section, a collaborative communication is privileged, may not be compelled through discovery and shall not be admissible as evidence in an action or proceeding. Evidence that is otherwise admissible and subject to discovery shall not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process. (b) Waiver.-- (1) A party may waive a privilege belonging to the party only if all parties waive the privilege and, in the case of a communication by a nonparty participant, only if the nonparty participant and all parties waive the privilege. (2) If a party discloses a privileged collaborative communication that prejudices another party, the disclosing party waives the right to assert a privilege under this section to the extent necessary for the party prejudiced to respond to the disclosure or representation. (c) Nonapplicability.--Privilege under subsection (a) shall not apply to: (1) A communication that is not subject to the privilege by agreement of the parties according to the terms of a participation agreement. (2) A communication that is made during a session of a collaborative law process that is open, or required by law to be open, to the public. (3) A communication sought, obtained or used to: (i) threaten or plan to inflict bodily injury, commit or attempt to commit a crime; or (ii) conceal ongoing criminal activity. (d) Exceptions.--The following exceptions apply to the privilege under subsection (a): (1) A communication sought or offered to prove or disprove facts relating to a claim or complaint of professional misconduct or malpractice or a fee dispute. (2) A communication sought or offered to prove facts relating to the abuse, neglect, abandonment or exploitation of a child or abuse of an adult. (3) A communication sought or offered in a criminal proceeding or in an action to enforce, void, set aside or modify a settlement agreement where a tribunal or court of competent jurisdiction finds that the evidence is not otherwise available and the need for the evidence substantially outweighs the interest in protecting the privilege. (e) Limitation.-- (1) If a collaborative communication is subject to an exception under subsection (d), only the part of the collaborative communication necessary for the application of the exception may be disclosed or admitted. (2) Disclosure or admission of evidence under subsection (d) does not make the evidence or any other collaborative communication discoverable or admissible for any other purpose. (f) Construction.--This section shall not be construed to affect the scope of another applicable privilege under State law or rule of court.

42 Pa.C.S. § 7411 Professional responsibility.

This chapter shall not affect the professional responsibility obligations and standards applicable to an attorney or other person professionally licensed or certified under State law.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026