HB396 Alabama 2013 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Session

Regular Session 2013

Title

Family law, collaborative law agreements authorized, process requirements, confidential communications, Uniform Collaborative Law Act

Summary

The Alabama Uniform Collaborative Law Act creates a formal, confidential process for resolving certain family law matters outside traditional court proceedings.

What This Bill Does

It establishes a structured collaborative law process, requiring written participation agreements and the involvement of collaborative lawyers. It allows a tribunal to issue emergency orders and may approve settlements reached through collaboration. It requires confidential communications, defined disclosure duties, and sets rules for staying or terminating proceedings. It also imposes safety checks for coercive or violent relationships and disqualifies collaborative lawyers and their firms from related tribunal representation, with limited exceptions.

Who It Affects

• Parties to family law matters (such as divorce, child custody, support, and related issues) who choose to use the collaborative process; they sign participation agreements, disclose information, and may resolve their dispute without a traditional tribunal decision.
• Collaborative lawyers and their law firms who represent parties in the collaborative process; they face disqualification from related tribunals, must withdraw if the process ends (with some exceptions), and have duties around safety assessments and disclosure.

Key Provisions

• Adopts the Alabama Uniform Collaborative Law Act and defines key terms (collaborative law process, participation agreement, collaborative matter, etc.).
• Applies to collaborative law participation agreements signed on or after January 1, 2014.
• Requires a written collaborative law participation agreement signed by the parties, describing the matter, identifying collaborative lawyers, and including withdrawal and disclosure provisions.
• Begins the process when the agreement is signed and cannot compel participation over a party's objection; process ends by signed record of resolution, partial resolution, or termination.
• Allows a tribunal to issue emergency orders to protect health, safety, welfare, or the interests of a party or child during the collaborative process.
• Confidentiality applies to collaborative law communications, with exceptions only as agreed in writing or as required by law.
• Tribunal may approve a final agreement resulting from the collaborative process.
• Disqualifies collaborative lawyers and associated law firms from representing a party in related tribunal proceedings, with limited exceptions to seek approval, file necessary documents, or obtain/defend emergency orders; successor counsel rules apply if withdrawal occurs.
• Requires ongoing disclosure of information related to the matter and updates when information changes, with scope potentially defined by the parties in the agreement.
• Enables safety assessments for coercive or violent relationships before and during the process; the process may proceed only if safety can be protected and the parties consent.
• Allows a stay of related proceedings while the collaborative process is ongoing, subject to notification and potential status reporting constraints.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law