Mich. Comp. Laws § 691.1331
Short title.
This act shall be known and may be cited as the "uniform collaborative law act".
Michigan Compiled Laws — UNIFORM COLLABORATIVE LAW ACT (Act 159 of 2014)
Michigan · statute · 159 of 2014, Mich. Comp. Laws · 23 active provisions
Mich. Comp. Laws § 691.1332
Definitions.
As used in this act: (a) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, to which both of the following apply: (i) The statement is made to conduct, participate in, continue, or reconvene a collaborative law process. (ii) The statement occurs after the parties s…
Mich. Comp. Laws § 691.1333
Applicability of act.
This act applies to a collaborative law participation agreement that meets the requirements of section 4 signed on or after the effective date of this act.
Mich. Comp. Laws § 691.1334
Collaborative law participation agreement; requirements.
(1) A collaborative law participation agreement must satisfy all of the following requirements: (a) Be in a record. (b) Be signed by the parties. (c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this act. (d) Describe the nature and scope of the matter. (e) Id…
Mich. Comp. Laws § 691.1335
Beginning and concluding collaborative law process.
(1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party's objection. (3) A collaborative law process is concluded by 1 of the following: (a) Resolution of a collaborative…
Mich. Comp. Laws § 691.1336
Proceeding pending before tribunal; status report.
(1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (3) and sections 7 and 8,…
Mich. Comp. Laws § 691.1337
Emergency orders.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party as provided in section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.
Mich. Comp. Laws § 691.1338
Approval of agreement by tribunal.
A tribunal may approve an agreement resulting from a collaborative law process.
Mich. Comp. Laws § 691.1339
Disqualification of collaborative lawyer in associated law firm.
(1) Except as otherwise provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (2) Except as otherwise provided in subsection (3) and sections 10 and 11, a lawyer in a law firm with which the collabora…
Mich. Comp. Laws § 691.1340
Representation of party with or without fee.
(1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party with or without fee. (2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under section 9(1) is associated may represent a party without fee in the coll…
Mich. Comp. Laws § 691.1341
Governmental entity as party.
(1) The disqualification of section 9(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a go…
Mich. Comp. Laws § 691.1342
Disclosure of information.
Except as provided by law other than this act, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed info…
Mich. Comp. Laws § 691.1343
Standards of professional responsibility and mandatory reporting not affected.
This act does not affect either of the following: (a) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional. (b) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
Mich. Comp. Laws § 691.1344
Prospective collaborative lawyer; duties.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following: (a) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter. (b…
Mich. Comp. Laws § 691.1345
Coercive or violent relationship.
(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. A reasonable inquiry includes the use of the domestic viole…
Mich. Comp. Laws § 691.1346
Confidentiality of collaborative law communication.
A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this act.
Mich. Comp. Laws § 691.1347
Privilege against disclosure for collaborative law communication; admissibility; discovery.
(1) Subject to sections 18 and 19, a collaborative law communication is privileged under subsection (2), is not subject to discovery, and is not admissible in evidence. (2) In a proceeding, the following privileges apply: (a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborat…
Mich. Comp. Laws § 691.1348
Waiver and preclusion of privilege.
(1) A privilege under section 17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (2) A person that makes a disclosure or representation about a collabora…
Mich. Comp. Laws § 691.1349
Limits of privilege.
(1) There is no privilege under section 17 for a collaborative law communication that is any of the following: (a) Available to the public under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, or made during a session of a collaborative law process that is open, or is required by law to be open, to t…
Mich. Comp. Laws § 691.1350
Authority of tribunal in case of noncompliance.
(1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply: (a) The parties signed a record indicating an intention…
Mich. Comp. Laws § 691.1351
Application and construction of act.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mich. Comp. Laws § 691.1352
Federal electronic signatures.
This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 US…
Mich. Comp. Laws § 691.1354
Effective date.
This act takes effect 180 days after it is enacted into law.