CS/HB 1397 - Collaborative Law Act

• Creates the "Collaborative Law Act" establishing a uniform system for collaborative law processes in family law proceedings under chapters 61 and 742 (marriage, divorce, child custody, alimony, child support, and related matters)

• Defines collaborative law as a voluntary, non-adversarial settlement process where parties and their attorneys sign a participation agreement to resolve disputes without tribunal intervention

• Establishes confidentiality protections for collaborative law communications with limited exceptions for threats, crimes, public records, professional misconduct claims, child/adult abuse cases, and felony court proceedings

• Requires mandatory disqualification of collaborative attorneys from representing parties in subsequent litigation related to the collaborative matter, subject to limited exceptions for emergency orders and government entity representation

• Becomes effective July 1, 2014, pending Supreme Court approval and publication of Rules of Professional Conduct and Family Law Rules of Procedure governing collaborative law participation agreements and procedures