Pennsylvania § 7405 Collaborative law participation agreement

Pennsylvania Statutes

§ 7405 — Collaborative law participation agreement

Pennsylvania § 7405

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VII

Ch. 74COLLABORATIVE LAW PROCESS

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Bluebook

42 Pa. Cons. Stat. § 7405 (2026).

Text

(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 thi

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(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.