Utah Uniform Collaborative Law Act
Utah · 78B · §§ 78B-19-101 to 78B-19-116 · 16 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
- Utah Code § 78B-19-101Title
- Utah Code § 78B-19-102Definitions
- Utah Code § 78B-19-103Applicability
- Utah Code § 78B-19-104Collaborative law participation agreement -- Requirements
- Utah Code § 78B-19-105Beginning and concluding a collaborative law process
- Utah Code § 78B-19-106Proceedings pending before tribunal -- Status report
- Utah Code § 78B-19-107Emergency orders
- Utah Code § 78B-19-108Approval of agreement by tribunal
- Utah Code § 78B-19-109Disclosure of information
- Utah Code § 78B-19-110Standards of professional responsibility and mandatory reporting not affected
- Utah Code § 78B-19-111Appropriateness of collaborative law process
- Utah Code § 78B-19-112Coercive or violent relationship
- Utah Code § 78B-19-113Confidentiality of collaborative law communication
- Utah Code § 78B-19-114Authority of tribunal in case of noncompliance
- Utah Code § 78B-19-115Uniformity of application and construction
- Utah Code § 78B-19-116Relation to Electronic Signatures in Global and National Commerce Act
Enacted in other states
Alabama, Colorado, District of Columbia, Hawaii, Maryland, Montana, North Carolina, Nevada, Oklahoma
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