SB18 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2011

Title

Family law, resolution of certain matters through collaborative law agreement, process requirements, privileged communications, Uniform Collaborative Law Act

Summary

SB18 would let Alabama families resolve certain family law disputes through a collaborative law process outside the courts, with protections for confidentiality and attorney rules.

What This Bill Does

It would adopt the Alabama Uniform Collaborative Law Act and establish a process where parties in matters like divorce, child custody, adoption, or premarital/post-marital agreements sign a collaborative law participation agreement and work with collaborative lawyers to resolve the matter without court intervention. It sets requirements for the participation agreement, defines what constitutes a collaborative matter, and describes how the process begins, proceeds, and can end, including possible stays of tribunal proceedings and the tribunal's ability to approve an agreement or issue emergency orders. It creates confidentiality and privilege protections for communications made during the collaborative process, with rules on when privilege can be waived and when it does not apply. It includes disqualification provisions for collaborative lawyers and their firms in related tribunal proceedings, plus special rules for low-income parties and government entities, and requires disclosure of information and status reporting in pending cases.

Who It Affects

• Parties to family law matters (such as divorce, child custody, adoption, and premarital, marital, or post-marital agreements) who sign a collaborative law participation agreement and choose the collaborative process.
• Collaborative lawyers and their law firms, as well as any nonparty participants, government entities when involved, and the tribunal, who are subject to qualifications, disqualification rules, privilege rules, confidentiality protections, and possible court oversight of agreements.

Key Provisions

• Adopts the Uniform Collaborative Law Act and defines key terms such as collaborative law process, collaborative law participation agreement, collaborative lawyer, and collaborative matter.
• Provides the procedural framework including how a collaborative law participation agreement is created, how the process begins and ends, stays of tribunal proceedings, and the tribunal's authority to approve agreements and issue emergency orders.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law