HB1239 Summary: Uniform Collaborative Law Act

• Creates the Uniform Collaborative Law Act governing collaborative law processes for resolving family and domestic relations disputes (marriage, divorce, child custody, support, adoption, parentage, and related agreements) without tribunal intervention.

• Requires collaborative law participation agreements to be in writing, signed by all parties, identify the collaborative lawyers representing each party, and describe the nature and scope of the matter being resolved.

• Establishes that collaborative lawyers are disqualified from representing parties in subsequent tribunal proceedings related to the collaborative matter, except when seeking tribunal approval of agreements or emergency orders to protect health and safety.

• Provides that collaborative law communications are confidential and privileged, not subject to discovery or admissible in evidence, with limited exceptions for public information, threats of violence, crimes, settlement agreements, professional misconduct claims, and abuse or neglect cases.

• Requires collaborative lawyers to assess appropriateness of the process for prospective parties, make reasonable inquiry about histories of coercive or violent relationships, provide information about benefits and risks compared to alternatives, and advise parties of their right to terminate the process and the disqualification consequences.