Uniform Collaborative Law Act
North Carolina · 1 · §§ 1-641 to 1-663 · 23 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
- N.C. Gen. Stat. § 1-641Short title
- N.C. Gen. Stat. § 1-642Definitions
- N.C. Gen. Stat. § 1-643Applicability; restrictions
- N.C. Gen. Stat. § 1-644Collaborative law participation agreement; requirements
- N.C. Gen. Stat. § 1-645Beginning and concluding collaborative law process; tolling of time periods
- N.C. Gen. Stat. § 1-646Proceedings pending before tribunal; status report
- N.C. Gen. Stat. § 1-647Emergency order
- N.C. Gen. Stat. § 1-648Approval of agreement by tribunal
- N.C. Gen. Stat. § 1-649Disqualification of collaborative lawyer and lawyers in associated law firm
- N.C. Gen. Stat. § 1-650Low-income parties
- N.C. Gen. Stat. § 1-651Governmental entity as party
- N.C. Gen. Stat. § 1-652Disclosure of information
- N.C. Gen. Stat. § 1-653Standards of professional responsibility not affected
- N.C. Gen. Stat. § 1-654Informed consent
- N.C. Gen. Stat. § 1-655No liability for decision to participate
- N.C. Gen. Stat. § 1-656Confidentiality of collaborative law communication
- N.C. Gen. Stat. § 1-657Privilege against disclosure for collaborative law communication; admissibility; discovery
- N.C. Gen. Stat. § 1-658Waiver and preclusion of privilege
- N.C. Gen. Stat. § 1-659Limits of privilege
- N.C. Gen. Stat. § 1-660Authority of tribunal in case of noncompliance
- N.C. Gen. Stat. § 1-661Alternative dispute resolution permitted
- N.C. Gen. Stat. § 1-662Uniformity of application and construction
- N.C. Gen. Stat. § 1-663Relation to Electronic Signatures in Global and National Commerce Act
Enacted in other states
Alabama, Colorado, District of Columbia, Hawaii, Maryland, Montana, Nevada, Oklahoma, Utah
All North Carolina named statutes →
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