Hawaii Uniform Collaborative Law Act
Hawaii · Hawaii Uniform Collaborative Law Act · §§ 658G-1 to 658G-9 · 22 sections
Overview
The act governs collaborative law, a voluntary process in which parties and their lawyers commit, through a signed participation agreement, to resolve a dispute by negotiation rather than through contested proceedings before a tribunal. It sets the conditions under which the process may be used, how it begins and concludes, what must be disclosed to and consented to by participating parties, and the disqualification of a collaborative lawyer — and of other lawyers in that lawyer's firm — from representing a party in a related proceeding if the process ends without resolution. It also makes communications made during the process confidential and subject to a privilege against disclosure, with defined waivers and limits, while preserving a tribunal's authority to enter emergency orders, approve any resulting agreement, and respond to noncompliance.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Haw. Rev. Stat. § 658G-1Short title
- Haw. Rev. Stat. § 658G-10Low income parties
- Haw. Rev. Stat. § 658G-11Governmental entity as party
- Haw. Rev. Stat. § 658G-12Disclosure of information
- Haw. Rev. Stat. § 658G-13Standards of professional responsibility and mandatory reporting not affected
- Haw. Rev. Stat. § 658G-14Appropriateness of collaborative law process
- Haw. Rev. Stat. § 658G-15Coercive or violent relationship
- Haw. Rev. Stat. § 658G-16Confidentiality of collaborative law communication
- Haw. Rev. Stat. § 658G-17Privilege against disclosure for collaborative law communication; admissibility; discovery
- Haw. Rev. Stat. § 658G-18Waiver and preclusion of privilege
- Haw. Rev. Stat. § 658G-19Limits of privilege
- Haw. Rev. Stat. § 658G-2Definitions
- Haw. Rev. Stat. § 658G-20Authority of tribunal in case of noncompliance
- Haw. Rev. Stat. § 658G-21Uniformity of application and construction
- Haw. Rev. Stat. § 658G-22Relation to Electronic Signatures in Global and National Commerce Act
- Haw. Rev. Stat. § 658G-3Applicability
- Haw. Rev. Stat. § 658G-4Collaborative law participation agreement; requirements
- Haw. Rev. Stat. § 658G-5Beginning and concluding a collaborative law process
- Haw. Rev. Stat. § 658G-6Proceedings pending before tribunal; status report
- Haw. Rev. Stat. § 658G-7Emergency order
- Haw. Rev. Stat. § 658G-8Approval of agreement by tribunal
- Haw. Rev. Stat. § 658G-9Disqualification of collaborative lawyer and lawyers in associated law firm
Enacted in other states
Alabama, Colorado, District of Columbia, Maryland, Montana, North Carolina, Nevada, Oklahoma, Utah
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