House Bill 32 Summary: Uniform Collaborative Law Act

• Enacts the Uniform Collaborative Law Act in North Carolina Chapter 1, Article 53, effective October 1, 2020, establishing a framework for parties to resolve disputes through collaborative law processes without court intervention.

• Requires collaborative law participation agreements to be in writing and signed by all parties and their lawyers, describing the dispute, identifying counsel, and stating that lawyers are disqualified from representing parties in subsequent litigation on the same matter.

• Establishes that collaborative law processes are voluntary and terminate automatically if a party initiates court proceedings or seeks tribunal intervention, except for emergency orders to protect health, safety, or preserve the status quo.

• Protects collaborative communications from disclosure, discovery, and use as evidence in later proceedings through a privilege, with limited exceptions for public records, threats of violence, crimes, and final agreements.

• Excludes matters arising under Chapters 35A, 35B, and 50 of the General Statutes from the Act's application and prohibits minors, unborn individuals, and incompetent persons from participating as parties.