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SENATE AMENDED
PRIOR PRINTER'S NO. 2199
PRINTER'S NO. 3783
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1644
Session of
2017
INTRODUCED BY KLUNK, CUTLER, MILLARD, PHILLIPS-HILL, WHEELAND,
LONGIETTI, BAKER, SCHEMEL, SAYLOR, MAHER, STEPHENS, WATSON,
ZIMMERMAN, KAUFFMAN, NESBIT, BRIGGS, MULLERY, KNOWLES,
WARREN, JOZWIAK, TOOHIL, MILNE AND BARBIN, JUNE 30, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 20, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, IN CIVIL ACTIONS AND
PROCEEDINGS, EXTENSIVELY REVISING STATUTORY ARBITRATION AND
providing for collaborative law process; AND MAKING EDITORIAL
CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE
UNIFIED JUDICIAL SYSTEM WILL BENEFIT FROM:
(1) EXTENSIVE REVISION OF STATUTORY ARBITRATION; AND
(2) ESTABLISHMENT OF A COLLABORATIVE LAW PROCESS.
SECTION 1.1. CHAPTER 73 OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBCHAPTER TO READ:
SUBCHAPTER A.1
REVISED STATUTORY ARBITRATION
SEC.
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7321.1. SHORT TITLE OF SUBCHAPTER.
7321.2. DEFINITIONS.
7321.3. NOTICE.
7321.4. WHEN SUBCHAPTER APPLIES.
7321.5. EFFECT OF AGREEMENT TO ARBITRATE; NONWAIVABLE
PROVISIONS.
7321.6. APPLICATION FOR JUDICIAL RELIEF.
7321.7. VALIDITY OF AGREEMENT TO ARBITRATE.
7321.8. MOTION TO COMPEL OR STAY ARBITRATION.
7321.9. PROVISIONAL REMEDIES.
7321.10. INITIATION OF ARBITRATION.
7321.11. CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS.
7321.12. APPOINTMENT OF ARBITRATOR; SERVICE AS A NEUTRAL
ARBITRATOR.
7321.13. DISCLOSURE BY ARBITRATOR.
7321.14. ACTION BY MAJORITY.
7321.15. IMMUNITY OF ARBITRATOR; COMPETENCY TO TESTIFY; ATTORNEY
FEES AND COSTS.
7321.16. ARBITRATION PROCESS.
7321.17. REPRESENTATION BY ATTORNEY.
7321.18. WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.
7321.19. JUDICIAL ENFORCEMENT OF PREAWARD RULING BY ARBITRATOR.
7321.20. AWARD.
7321.21. CHANGE OF AWARD BY ARBITRATOR.
7321.22. REMEDIES; FEES AND EXPENSES OF ARBITRATION PROCEEDING.
7321.23. CONFIRMATION OF AWARD.
7321.24. VACATING AWARD.
7321.25. MODIFICATION OR CORRECTION OF AWARD.
7321.26. JUDGMENT ON AWARD; ATTORNEY FEES AND LITIGATION
EXPENSES.
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7321.27. JURISDICTION.
7321.28. VENUE.
7321.29. APPEALS.
7321.30. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
7321.31. RELATIONSHIP TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT.
§ 7321.1. SHORT TITLE OF SUBCHAPTER.
THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
REVISED STATUTORY ARBITRATION ACT.
§ 7321.2. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
" ARBITRATION ORGANIZATION. " ANY ASSOCIATION, AGENCY, BOARD,
COMMISSION OR OTHER ENTITY THAT IS NEUTRAL AND INITIATES,
SPONSORS OR ADMINISTERS AN ARBITRATION PROCEEDING OR IS INVOLVED
IN THE APPOINTMENT OF AN ARBITRATOR.
" ARBITRATOR. " AN INDIVIDUAL APPOINTED TO RENDER AN AWARD,
ALONE OR WITH OTHERS, IN A CONTROVERSY THAT IS SUBJECT TO AN
AGREEMENT TO ARBITRATE.
"CONSUMER." AN INDIVIDUAL WHO INCURS AN OBLIGATION IN AN
AGREEMENT WITH A MERCHANT FOR PERSONAL, FAMILY OR HOUSEHOLD
PURPOSES.
"CONSUMER TRANSACTION." A TRANSACTION BETWEEN A CONSUMER
DOMICILED IN THIS COMMONWEALTH AND A MERCHANT, INCLUDING ALL
PERSONAL INJURY CLAIMS ARISING OUT OF SUCH A TRANSACTION.
" COURT. " A COURT OF COMPETENT JURISDICTION IN THIS
COMMONWEALTH.
" KNOWLEDGE. " ACTUAL KNOWLEDGE.
"MERCHANT." A PERSON IN THE ORDINARY COURSE OF BUSINESS THAT
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OFFERS OR SELLS GOODS OR SERVICES TO CONSUMERS OR HOLDS ITSELF
OUT AS HAVING KNOWLEDGE OR SKILL PECULIAR TO SUCH TRANSACTIONS,
INCLUDING A MANUFACTURER, SUPPLIER OR DISTRIBUTOR OF GOODS, OR A
SUPPLIER OF PERSONAL OR PROFESSIONAL SERVICES.
" PERSON. " ANY INDIVIDUAL, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY,
ASSOCIATION, JOINT VENTURE; A GOVERNMENT; A GOVERNMENTAL
SUBDIVISION, AGENCY OR INSTRUMENTALITY; A PUBLIC CORPORATION; OR
ANY OTHER LEGAL OR COMMERCIAL ENTITY.
" RECORD. " INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS
RETRIEVABLE IN PERCEIVABLE FORM.
§ 7321.3. NOTICE.
(A) GIVING NOTICE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBCHAPTER, A PERSON GIVES NOTICE TO ANOTHER PERSON BY TAKING
ACTION THAT IS REASONABLY NECESSARY TO INFORM THE OTHER PERSON
IN ORDINARY COURSE WHETHER OR NOT THE OTHER PERSON ACQUIRES
KNOWLEDGE OF THE NOTICE.
(B) HAVING NOTICE.--A PERSON HAS NOTICE IF THE PERSON HAS
KNOWLEDGE OF THE NOTICE OR HAS RECEIVED NOTICE.
(C) RECEIVING NOTICE.--A PERSON RECEIVES NOTICE WHEN IT
COMES TO THE PERSON'S ATTENTION OR THE NOTICE IS DELIVERED AT:
(1) THE PERSON'S PLACE OF RESIDENCE OR BUSINESS; OR
(2) ANOTHER LOCATION HELD OUT BY THE PERSON AS A PLACE
OF DELIVERY OF SUCH COMMUNICATIONS.
§ 7321.4. WHEN SUBCHAPTER APPLIES.
(A) SUBSEQUENT AGREEMENTS.--THIS SUBCHAPTER GOVERNS AN
AGREEMENT TO ARBITRATE MADE ON OR AFTER THE EFFECTIVE DATE OF
THIS SUBCHAPTER.
(B) PRIOR AGREEMENTS.--FOR AN AGREEMENT TO ARBITRATE MADE
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BEFORE THE EFFECTIVE DATE OF THIS SUBCHAPTER, EXCEPT AS SET
FORTH IN SUBSECTION (C) :
(1) IF ALL THE PARTIES TO THE AGREEMENT OR TO THE
ARBITRATION PROCEEDING AGREE IN A RECORD THAT THIS SUBCHAPTER
GOVERNS THE AGREEMENT, THIS SUBCHAPTER GOVERNS THE AGREEMENT.
(2) IF PARAGRAPH (1) DOES NOT APPLY, SUBCHAPTER A
(RELATING TO STATUTORY ARBITRATION) GOVERNS THE AGREEMENT.
(C) COLLECTIVE BARGAINING AGREEMENTS.--THIS SUBCHAPTER SHALL
APPLY TO COLLECTIVE BARGAINING AGREEMENTS TO ARBITRATE
CONTROVERSIES BETWEEN EMPLOYERS AND EMPLOYEES OR THEIR
RESPECTIVE REPRESENTATIVES ONLY TO THE EXTENT THAT THE
ARBITRATION UNDER THIS SUBCHAPTER IS CONSISTENT WITH ANY OTHER
STATUTE REGULATING LABOR AND MANAGEMENT RELATIONS.
§ 7321.5. EFFECT OF AGREEMENT TO ARBITRATE; NONWAIVABLE
PROVISIONS.
(A) WAIVER OR VARIANCE.--EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTIONS (B) AND (C), A PARTY TO AN AGREEMENT TO ARBITRATE OR
TO AN ARBITRATION PROCEEDING MAY WAIVE, OR THE PARTIES MAY VARY
THE EFFECT OF, THE REQUIREMENTS OF THIS SUBCHAPTER TO THE EXTENT
PERMITTED BY LAW.
(B) PRIOR TO CONTROVERSY.--BEFORE A CONTROVERSY ARISES THAT
IS SUBJECT TO AN AGREEMENT TO ARBITRATE, A PARTY TO THE
AGREEMENT MAY NOT DO ANY OF THE FOLLOWING:
(1) WAIVE OR AGREE TO VARY THE EFFECT OF THE
REQUIREMENTS OF ANY OF THE FOLLOWING:
(I) SECTION 7321.6(A) (RELATING TO APPLICATION FOR
JUDICIAL RELIEF).
(II) SECTION 7321.7(A) (RELATING TO VALIDITY OF
AGREEMENT TO ARBITRATE).
(III) SECTION 7321.9 (RELATING TO PROVISIONAL
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REMEDIES).
(IV) SECTION 7321.18(A) OR (B) (RELATING TO
WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY).
(V) SECTION 7321.27 (RELATING TO JURISDICTION).
(VI) SECTION 7321.29 (RELATING TO APPEALS).
(2) AGREE TO UNREASONABLY RESTRICT THE RIGHT UNDER
SECTION 7321.10 (RELATING TO INITIATION OF ARBITRATION) TO
NOTICE OF THE INITIATION OF AN ARBITRATION PROCEEDING.
(3) AGREE TO UNREASONABLY RESTRICT THE RIGHT UNDER
SECTION 7321.13 (RELATING TO DISCLOSURE BY ARBITRATOR) TO
DISCLOSURE OF ANY FACTS BY A NEUTRAL ARBITRATOR.
(4) WAIVE THE RIGHT UNDER SECTION 7321.17 (RELATING TO
REPRESENTATION BY ATTORNEY) OF A PARTY TO AN AGREEMENT TO
ARBITRATE TO BE REPRESENTED BY AN ATTORNEY AT ANY PROCEEDING
OR HEARING UNDER THIS SUBCHAPTER, BUT AN EMPLOYER AND A LABOR
ORGANIZATION MAY WAIVE THE RIGHT TO REPRESENTATION BY AN
ATTORNEY IN A LABOR ARBITRATION.
(C) ABSOLUTE PROHIBITION.--A PARTY TO AN AGREEMENT TO
ARBITRATE OR AN ARBITRATION PROCEEDING MAY NOT WAIVE, OR THE
PARTIES MAY NOT VARY THE EFFECT OF, THE REQUIREMENTS OF ANY OF
THE FOLLOWING:
(1) THIS SECTION.
(2) SECTION 7321.4(A) (RELATING TO WHEN SUBCHAPTER
APPLIES).
(3) SECTION 7321.8 (RELATING TO MOTION TO COMPEL OR STAY
ARBITRATION).
(4) SECTION 7321.15 (RELATING TO IMMUNITY OF ARBITRATOR;
COMPETENCY TO TESTIFY; ATTORNEY FEES AND COSTS).
(5) SECTION 7321.19 (RELATING TO JUDICIAL ENFORCEMENT OF
PREAWARD RULING BY ARBITRATOR).
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(6) SECTION 7321.21(D) OR (E) (RELATING TO CHANGE OF
AWARD BY ARBITRATOR).
(7) SECTION 7321.23 (RELATING TO CONFIRMATION OF AWARD).
(8) SECTION 7321.24 (RELATING TO VACATING AWARD).
(9) SECTION 7321.25 (RELATING TO MODIFICATION OR
CORRECTION OF AWARD).
(10) SECTION 7321.26(A) OR (B) (RELATING TO JUDGMENT ON
AWARD; ATTORNEY FEES AND LITIGATION EXPENSES).
(11) SECTION 7321.30 (RELATING TO UNIFORMITY OF
APPLICATION AND CONSTRUCTION).
(12) SECTION 7321.31 (RELATING TO RELATIONSHIP TO
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT).
§ 7321.6. APPLICATION FOR JUDICIAL RELIEF.
(A) PROCEDURE.--EXCEPT AS OTHERWISE PROVIDED IN SECTION
7321.29 (RELATING TO APPEALS), AN APPLICATION FOR JUDICIAL
RELIEF UNDER THIS SUBCHAPTER MUST BE MADE BY MOTION TO THE COURT
AND HEARD IN THE MANNER PROVIDED BY LAW OR RULE OF COURT FOR
MAKING AND HEARING MOTIONS.
(B) SERVICE.--UNLESS A CIVIL ACTION INVOLVING THE AGREEMENT
TO ARBITRATE IS PENDING, NOTICE OF AN INITIAL MOTION TO THE
COURT UNDER THIS SUBCHAPTER MUST BE SERVED IN THE MANNER
PROVIDED BY LAW FOR THE SERVICE OF A SUMMONS IN A CIVIL ACTION.
OTHERWISE, NOTICE OF THE MOTION MUST BE GIVEN IN THE MANNER
PROVIDED BY LAW OR RULE OF COURT FOR SERVING MOTIONS IN PENDING
CASES.
§ 7321.7. VALIDITY OF AGREEMENT TO ARBITRATE.
(A) GENERAL RULE.--AN AGREEMENT CONTAINED IN A RECORD TO
SUBMIT TO ARBITRATION ANY EXISTING OR SUBSEQUENT CONTROVERSY
ARISING BETWEEN THE PARTIES TO THE AGREEMENT IS VALID,
ENFORCEABLE AND IRREVOCABLE EXCEPT UPON A GROUND THAT EXISTS AT
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LAW OR IN EQUITY FOR THE REVOCATION OF A CONTRACT.
(B) COURT DECISION.--THE COURT SHALL DECIDE WHETHER AN
AGREEMENT TO ARBITRATE EXISTS OR A CONTROVERSY IS SUBJECT TO AN
AGREEMENT TO ARBITRATE.
(C) ARBITRATOR DECISION.--AN ARBITRATOR SHALL DECIDE WHETHER
A CONDITION PRECEDENT TO ARBITRABILITY HAS BEEN FULFILLED AND
WHETHER A CONTRACT CONTAINING A VALID AGREEMENT TO ARBITRATE IS
ENFORCEABLE.
(D) CHALLENGE TO ARBITRATION.--IF A PARTY TO A JUDICIAL
PROCEEDING CHALLENGES THE EXISTENCE OF, OR CLAIMS THAT A
CONTROVERSY IS NOT SUBJECT TO, AN AGREEMENT TO ARBITRATE, THE
ARBITRATION PROCEEDING MAY CONTINUE PENDING FINAL RESOLUTION OF
THE ISSUE BY THE COURT, UNLESS THE COURT OTHERWISE ORDERS.
(E) GROUNDS FOR VALIDITY AND ENFORCEABILITY.--
(1) SUBJECT TO PARAGRAPH (2), IN DETERMINING THE
VALIDITY AND ENFORCEABILITY OF AN AGREEMENT TO ARBITRATE, A
COURT MAY CONSIDER ANY GROUNDS THAT EXIST AT LAW OR IN EQUITY
FOR THE REVOCATION OF A CONTRACT, REGARDLESS OF WHETHER
ARISING OUT OF FEDERAL OR STATE LAW OR AS A MATTER OF PUBLIC
POLICY, THAT ARE APPLICABLE TO OTHER CONTRACTS, INCLUDING
FRAUD, DURESS, COERCION, UNCONSCIONABILITY OR THE IMPOSITION
BY A CONTRACT OF ADHESION OF ANY REQUIREMENT THAT
UNREASONABLY FAVORS THE PARTY THAT IMPOSED THE PROVISION.
(2) PARAGRAPH (1) SHALL NOT APPLY IN ANY MANNER
PROHIBITED BY 9 U.S.C. (RELATING TO ARBITRATION) OR OTHER
FEDERAL LAW.
§ 7321.8. MOTION TO COMPEL OR STAY ARBITRATION.
(A) REFUSAL TO ARBITRATE UNDER AGREEMENT.--ON MOTION OF A
PERSON SHOWING AN AGREEMENT TO ARBITRATE AND ALLEGING ANOTHER
PERSON'S REFUSAL TO ARBITRATE UNDER THE AGREEMENT:
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(1) IF THE REFUSING PARTY DOES NOT APPEAR OR DOES NOT
OPPOSE THE MOTION, THE COURT SHALL ORDER THE PARTIES TO
ARBITRATE; AND
(2) IF THE REFUSING PARTY OPPOSES THE MOTION, THE COURT
SHALL PROCEED SUMMARILY TO DECIDE THE ISSUE AND ORDER THE
PARTIES TO ARBITRATE UNLESS IT FINDS THAT THERE IS NO
ENFORCEABLE AGREEMENT TO ARBITRATE.
(B) AGREEMENT CHALLENGED.--ON MOTION OF A PERSON ALLEGING
THAT AN ARBITRATION PROCEEDING HAS BEEN INITIATED OR THREATENED
BUT THAT THERE IS NO AGREEMENT TO ARBITRATE, THE COURT SHALL
PROCEED SUMMARILY TO DECIDE THE ISSUE . IF THE COURT FINDS THAT
THERE IS AN ENFORCEABLE AGREEMENT TO ARBITRATE, THE COURT SHALL
ORDER THE PARTIES TO ARBITRATE.
(C) ENFORCEABLE AGREEMENT REQUIRED.--IF THE COURT FINDS THAT
THERE IS NO ENFORCEABLE AGREEMENT, THE COURT MAY NOT, UNDER
SUBSECTION (A) OR (B), ORDER THE PARTIES TO ARBITRATE.
(D) COURT REFUSAL.--THE COURT MAY NOT REFUSE TO ORDER
ARBITRATION BECAUSE THE CLAIM SUBJECT TO ARBITRATION LACKS MERIT
OR GROUNDS FOR THE CLAIM HAVE NOT BEEN ESTABLISHED.
(E) APPROPRIATE COURT.--IF A PROCEEDING INVOLVING A CLAIM
REFERABLE TO ARBITRATION UNDER AN ALLEGED AGREEMENT TO ARBITRATE
IS PENDING IN COURT, A MOTION UNDER THIS SECTION MUST BE MADE IN
THAT COURT. OTHERWISE, A MOTION UNDER THIS SECTION MAY BE MADE
IN ANY COURT AS PROVIDED IN SECTION 7321.28 (RELATING TO VENUE).
(F) STAY OF JUDICIAL PROCEEDINGS.--AN ACTION OR PROCEEDING
ALLEGEDLY INVOLVING AN ISSUE SUBJECT TO ARBITRATION SHALL BE
STAYED IF A COURT ORDER TO PROCEED WITH ARBITRATION HAS BEEN
MADE OR A MOTION FOR SUCH AN ORDER HAS BEEN MADE UNDER THIS
SECTION. IF THE ISSUE ALLEGEDLY SUBJECT TO ARBITRATION IS
SEVERABLE, THE STAY OF THE COURT ACTION OR PROCEEDING MAY BE
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MADE WITH RESPECT TO THE SEVERABLE ISSUE ONLY. IF A MOTION FOR
AN ORDER TO PROCEED WITH ARBITRATION IS MADE IN THE ACTION OR
PROCEEDING AND IS GRANTED, THE COURT ORDER TO PROCEED WITH
ARBITRATION SHALL INCLUDE A STAY OF THE ACTION OR PROCEEDING.
§ 7321.9. PROVISIONAL REMEDIES.
(A) COURT.--BEFORE AN ARBITRATOR IS APPOINTED AND IS
AUTHORIZED AND ABLE TO ACT, THE COURT, UPON MOTION OF A PARTY TO
AN ARBITRATION PROCEEDING AND FOR GOOD CAUSE SHOWN, MAY ENTER AN
ORDER FOR PROVISIONAL REMEDIES TO PROTECT THE EFFECTIVENESS OF
THE ARBITRATION PROCEEDING TO THE SAME EXTENT AND UNDER THE SAME
CONDITIONS AS IF THE CONTROVERSY WERE THE SUBJECT OF A CIVIL
ACTION.
(B) ARBITRATOR.--AFTER AN ARBITRATOR IS APPOINTED AND IS
AUTHORIZED AND ABLE TO ACT:
(1) THE ARBITRATOR MAY ISSUE ORDERS FOR PROVISIONAL
REMEDIES, INCLUDING INTERIM AWARDS, AS THE ARBITRATOR FINDS
NECESSARY TO PROTECT THE EFFECTIVENESS OF THE ARBITRATION
PROCEEDING AND TO PROMOTE THE FAIR AND EXPEDITIOUS RESOLUTION
OF THE CONTROVERSY, TO THE SAME EXTENT AND UNDER THE SAME
CONDITIONS AS IF THE CONTROVERSY WERE THE SUBJECT OF A CIVIL
ACTION; AND
(2) A PARTY TO AN ARBITRATION PROCEEDING MAY MOVE THE
COURT FOR A PROVISIONAL REMEDY ONLY IF THE MATTER IS URGENT
AND THE ARBITRATOR IS NOT ABLE TO ACT TIMELY OR THE
ARBITRATOR CANNOT PROVIDE AN ADEQUATE REMEDY.
(C) EFFECT.--A PARTY DOES NOT WAIVE A RIGHT OF ARBITRATION
BY MAKING A MOTION UNDER SUBSECTION (A) OR (B).
§ 7321.10. INITIATION OF ARBITRATION.
(A) NOTICE.--A PERSON INITIATES AN ARBITRATION PROCEEDING BY
GIVING NOTICE IN A RECORD TO THE OTHER PARTIES TO THE AGREEMENT
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TO ARBITRATE IN THE AGREED MANNER BETWEEN THE PARTIES OR, IN THE
ABSENCE OF AGREEMENT, BY CERTIFIED OR REGISTERED MAIL, RETURN
RECEIPT REQUESTED AND OBTAINED, OR BY SERVICE AS AUTHORIZED FOR
THE COMMENCEMENT OF A CIVIL ACTION. THE NOTICE MUST DESCRIBE THE
NATURE OF THE CONTROVERSY AND THE REMEDY SOUGHT.
(B) LACK OF NOTICE.--UNLESS A PERSON OBJECTS FOR LACK OR
INSUFFICIENCY OF NOTICE UNDER SECTION 7321.16 (RELATING TO
ARBITRATION PROCESS) NOT LATER THAN AT THE BEGINNING OF THE
ARBITRATION HEARING, THE PERSON BY APPEARING AT THE HEARING
WAIVES ANY OBJECTION TO LACK OF OR INSUFFICIENCY OF NOTICE.
§ 7321.11. CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS.
(A) CONDITIONS.--EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(C), UPON MOTION OF A PARTY TO AN AGREEMENT TO ARBITRATE OR TO
AN ARBITRATION PROCEEDING, THE COURT MAY ORDER CONSOLIDATION OF
SEPARATE ARBITRATION PROCEEDINGS AS TO ALL OR SOME OF THE CLAIMS
IF:
(1) THERE ARE SEPARATE AGREEMENTS TO ARBITRATE OR
SEPARATE ARBITRATION PROCEEDINGS BETWEEN THE SAME PERSONS, OR
ONE OF THEM IS A PARTY TO A SEPARATE AGREEMENT TO ARBITRATE
OR A SEPARATE ARBITRATION PROCEEDING WITH A THIRD PERSON;
(2) THE CLAIMS SUBJECT TO THE AGREEMENTS TO ARBITRATE
ARISE IN SUBSTANTIAL PART FROM THE SAME TRANSACTION OR SERIES
OF RELATED TRANSACTIONS;
(3) THE EXISTENCE OF A COMMON ISSUE OF LAW OR FACT
CREATES THE POSSIBILITY OF CONFLICTING DECISIONS IN THE
SEPARATE ARBITRATION PROCEEDINGS; AND
(4) PREJUDICE RESULTING FROM A FAILURE TO CONSOLIDATE IS
NOT OUTWEIGHED BY THE RISK OF UNDUE DELAY OR PREJUDICE TO THE
RIGHTS OF OR HARDSHIP TO PARTIES OPPOSING CONSOLIDATION.
(B) PARTIAL CONSOLIDATION.--THE COURT MAY ORDER
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CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS AS TO SOME
CLAIMS AND ALLOW OTHER CLAIMS TO BE RESOLVED IN SEPARATE
ARBITRATION PROCEEDINGS.
(C) AGREEMENT GOVERNS.--THE COURT MAY NOT ORDER
CONSOLIDATION OF THE CLAIMS OF A PARTY TO AN AGREEMENT TO
ARBITRATE IF THE AGREEMENT PROHIBITS CONSOLIDATION.
§ 7321.12. APPOINTMENT OF ARBITRATOR; SERVICE AS A NEUTRAL
ARBITRATOR.
(A) APPOINTMENT.--IF THE PARTIES TO AN AGREEMENT TO
ARBITRATE AGREE ON A METHOD FOR APPOINTING AN ARBITRATOR, THAT
METHOD MUST BE FOLLOWED UNLESS THE METHOD FAILS. IF THE PARTIES
HAVE NOT AGREED ON A METHOD, THE AGREED METHOD FAILS OR AN
ARBITRATOR APPOINTED FAILS OR IS UNABLE TO ACT AND A SUCCESSOR
HAS NOT BEEN APPOINTED, THE COURT, ON MOTION OF A PARTY TO THE
ARBITRATION PROCEEDING, SHALL APPOINT THE ARBITRATOR. AN
ARBITRATOR APPOINTED BY THE COURT HAS ALL THE POWERS OF AN
ARBITRATOR DESIGNATED IN THE AGREEMENT TO ARBITRATE OR APPOINTED
UNDER THE AGREED METHOD.
(B) NEUTRAL SERVICE.--AN INDIVIDUAL MAY NOT SERVE AS AN
ARBITRATOR REQUIRED BY AN AGREEMENT TO BE NEUTRAL UNDER THE
STANDARDS UNDER WHICH A JUDGE WOULD BE REQUIRED TO DISQUALIFY
HIMSELF OR HERSELF FROM PARTICIPATION IN A PROCEEDING UNDER 207
PA. CODE CH. 33 CANON 2 RULE 2.11 (RELATING TO
DISQUALIFICATION).
§ 7321.13. DISCLOSURE BY ARBITRATOR.
(A) PREAPPOINTMENT.--BEFORE ACCEPTING APPOINTMENT, AN
INDIVIDUAL WHO IS REQUESTED TO SERVE AS AN ARBITRATOR, AFTER
MAKING A REASONABLE INQUIRY, SHALL DISCLOSE TO ALL PARTIES TO
THE AGREEMENT TO ARBITRATE AND THE ARBITRATION PROCEEDING AND TO
ANY OTHER ARBITRATORS ANY KNOWN FACTS THAT A REASONABLE PERSON
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WOULD CONSIDER LIKELY TO AFFECT THE IMPARTIALITY OF THE
ARBITRATOR IN THE ARBITRATION PROCEEDING, INCLUDING:
(1) A FINANCIAL OR PERSONAL INTEREST IN THE OUTCOME OF
THE ARBITRATION PROCEEDING; AND
(2) AN EXISTING OR PAST RELATIONSHIP WITH ANY OF THE
PARTIES TO THE AGREEMENT TO ARBITRATE OR THE ARBITRATION
PROCEEDING, THEIR COUNSEL OR REPRESENTATIVES, A WITNESS OR
ANOTHER ARBITRATOR.
(B) CONTINUING.--AN ARBITRATOR HAS A CONTINUING OBLIGATION
TO DISCLOSE TO ALL PARTIES TO THE AGREEMENT TO ARBITRATE AND THE
ARBITRATION PROCEEDING AND TO OTHER ARBITRATORS FACTS THAT THE
ARBITRATOR LEARNS AFTER ACCEPTING APPOINTMENT THAT A REASONABLE
PERSON WOULD CONSIDER LIKELY TO AFFECT THE IMPARTIALITY OF THE
ARBITRATOR.
(C) OBJECTION.--IF AN ARBITRATOR DISCLOSES A FACT REQUIRED
BY SUBSECTION (A) OR (B) TO BE DISCLOSED AND A PARTY TIMELY
OBJECTS TO THE APPOINTMENT OR CONTINUED SERVICE OF THE
ARBITRATOR BASED UPON THE FACT DISCLOSED, THE OBJECTION MAY BE A
GROUND UNDER SECTION 7321.24(A)(2) (RELATING TO VACATING AWARD)
FOR VACATING AN AWARD MADE BY THE ARBITRATOR.
(D) NONDISCLOSURE.--IF THE ARBITRATOR DOES NOT DISCLOSE A
FACT AS REQUIRED BY SUBSECTION (A) OR (B), UPON TIMELY OBJECTION
BY A PARTY, THE COURT UNDER SECTION 7321.24(A)(2) MAY VACATE AN
AWARD.
(E) PRESUMPTION OF NEUTRALITY.--AN ARBITRATOR APPOINTED AS A
NEUTRAL ARBITRATOR WHO DOES NOT DISCLOSE A KNOWN, DIRECT AND
MATERIAL INTEREST IN THE OUTCOME OF THE ARBITRATION PROCEEDING
OR A KNOWN, EXISTING AND SUBSTANTIAL RELATIONSHIP WITH A PARTY
IS PRESUMED TO ACT WITH EVIDENT PARTIALITY UNDER SECTION
7321.24(A)(2).
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(F) PROCEDURE TO CHALLENGE ARBITRATOR.--IF THE PARTIES TO AN
ARBITRATION PROCEEDING AGREE TO THE PROCEDURES OF AN ARBITRATION
ORGANIZATION OR OTHER PROCEDURES FOR CHALLENGES TO ARBITRATORS
BEFORE AN AWARD IS MADE, SUBSTANTIAL COMPLIANCE WITH THOSE
PROCEDURES IS A CONDITION PRECEDENT TO A MOTION TO VACATE AN
AWARD ON THAT GROUND UNDER SECTION 7321.24(A)(2).
§ 7321.14. ACTION BY MAJORITY.
IF THERE IS MORE THAN ONE ARBITRATOR, THE POWERS OF AN
ARBITRATOR MUST BE EXERCISED BY A MAJORITY OF THE ARBITRATORS
BUT ALL OF THEM SHALL CONDUCT THE HEARING UNDER SECTION
7321.16(C) (RELATING TO ARBITRATION PROCESS).
§ 7321.15. IMMUNITY OF ARBITRATOR; COMPETENCY TO TESTIFY;
ATTORNEY FEES AND COSTS.
(A) IMMUNITY.--AN ARBITRATOR OR AN ARBITRATION ORGANIZATION
ACTING IN THAT CAPACITY IS IMMUNE FROM CIVIL LIABILITY TO THE
SAME EXTENT AS A JUDGE OF A COURT OF THIS COMMONWEALTH ACTING IN
A JUDICIAL CAPACITY.
(B) OTHER IMMUNITY.--THE IMMUNITY AFFORDED BY THIS SECTION
SUPPLEMENTS ANY IMMUNITY UNDER OTHER LAW.
(C) FAILURE TO DISCLOSE.--THE FAILURE OF AN ARBITRATOR TO
MAKE A DISCLOSURE REQUIRED BY SECTION 7321.13 (RELATING TO
DISCLOSURE BY ARBITRATOR) DOES NOT CAUSE A LOSS OF IMMUNITY
UNDER THIS SECTION.
(D) COMPETENCY TO TESTIFY.--IN A JUDICIAL, ADMINISTRATIVE OR
SIMILAR PROCEEDING, AN ARBITRATOR OR REPRESENTATIVE OF AN
ARBITRATION ORGANIZATION IS NOT COMPETENT TO TESTIFY AND MAY NOT
BE REQUIRED TO PRODUCE RECORDS AS TO ANY STATEMENT, CONDUCT,
DECISION OR RULING OCCURRING DURING THE ARBITRATION PROCEEDING,
TO THE SAME EXTENT AS A JUDGE OF A COURT OF THIS COMMONWEALTH
ACTING IN A JUDICIAL CAPACITY. THIS SUBSECTION DOES NOT APPLY:
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(1) TO THE EXTENT NECESSARY TO DETERMINE THE CLAIM OF AN
ARBITRATOR, ARBITRATION ORGANIZATION OR REPRESENTATIVE OF THE
ARBITRATION ORGANIZATION AGAINST A PARTY TO THE ARBITRATION
PROCEEDING; OR
(2) TO A HEARING ON A MOTION TO VACATE AN AWARD UNDER
SECTION 7321.24(A)(1) OR (2) (RELATING TO VACATING AWARD) IF
THE MOVANT ESTABLISHES PRIMA FACIE THAT A GROUND FOR VACATING
THE AWARD EXISTS.
(E) ATTORNEY FEES AND COSTS.--IF A PERSON COMMENCES A CIVIL
ACTION AGAINST AN ARBITRATOR, ARBITRATION ORGANIZATION OR
REPRESENTATIVE OF AN ARBITRATION ORGANIZATION ARISING FROM THE
SERVICES OF THE ARBITRATOR, ORGANIZATION OR REPRESENTATIVE, OR
IF A PERSON SEEKS TO COMPEL AN ARBITRATOR OR A REPRESENTATIVE OF
AN ARBITRATION ORGANIZATION TO TESTIFY OR PRODUCE RECORDS IN
VIOLATION OF SUBSECTION (D) AND THE COURT UPON DECIDING WHETHER
THE ARBITRATOR, ARBITRATION ORGANIZATION OR REPRESENTATIVE OF AN
ARBITRATION ORGANIZATION IS IMMUNE FROM CIVIL LIABILITY OR
WHETHER THE ARBITRATOR OR REPRESENTATIVE OF THE ORGANIZATION IS
COMPETENT TO TESTIFY, THE COURT MAY AWARD TO THE PREVAILING
PARTY, INCLUDING THE ARBITRATOR, ORGANIZATION OR REPRESENTATIVE,
REASONABLE ATTORNEY FEES AND OTHER REASONABLE EXPENSES OF
LITIGATION.
§ 7321.16. ARBITRATION PROCESS.
(A) DISCRETION OF ARBITRATOR.--AN ARBITRATOR MAY CONDUCT AN
ARBITRATION IN A MANNER APPROPRIATE FOR A FAIR AND EXPEDITIOUS
DISPOSITION OF THE PROCEEDING. THE AUTHORITY CONFERRED UPON THE
ARBITRATOR INCLUDES THE POWER TO HOLD CONFERENCES WITH THE
PARTIES TO THE ARBITRATION PROCEEDING BEFORE THE HEARING AND,
AMONG OTHER MATTERS, DETERMINE THE ADMISSIBILITY, RELEVANCE,
MATERIALITY AND WEIGHT OF ANY EVIDENCE.
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(B) SUMMARY DISPOSITION.--AN ARBITRATOR MAY DECIDE A REQUEST
FOR SUMMARY DISPOSITION OF A CLAIM OR PARTICULAR ISSUE:
(1) IF ALL INTERESTED PARTIES AGREE; OR
(2) UPON REQUEST OF ONE PARTY TO THE ARBITRATION
PROCEEDING IF THAT PARTY GIVES NOTICE TO ALL OTHER PARTIES TO
THE PROCEEDING AND IF THE OTHER PARTIES HAVE A REASONABLE
OPPORTUNITY TO RESPOND.
(C) NOTICE AND HEARING.--IF AN ARBITRATOR ORDERS A HEARING,
THE ARBITRATOR SHALL SET A TIME AND PLACE AND GIVE NOTICE OF THE
HEARING NOT LESS THAN FIVE DAYS BEFORE THE HEARING BEGINS.
UNLESS A PARTY TO THE ARBITRATION PROCEEDING MAKES AN OBJECTION
TO LACK OR INSUFFICIENCY OF NOTICE NOT LATER THAN THE BEGINNING
OF THE HEARING, THE PARTY'S APPEARANCE AT THE HEARING WAIVES THE
OBJECTION. UPON REQUEST OF A PARTY TO THE ARBITRATION PROCEEDING
AND FOR GOOD CAUSE SHOWN, OR UPON THE ARBITRATOR'S OWN
INITIATIVE, THE ARBITRATOR MAY ADJOURN THE HEARING AS NECESSARY
BUT MAY NOT POSTPONE THE HEARING TO A TIME LATER THAN THAT FIXED
BY THE AGREEMENT TO ARBITRATE FOR MAKING THE AWARD UNLESS THE
PARTIES TO THE ARBITRATION PROCEEDING CONSENT TO A LATER DATE.
THE ARBITRATOR MAY HEAR AND DECIDE THE CONTROVERSY UPON THE
EVIDENCE PRODUCED ALTHOUGH A PARTY WHO WAS NOTIFIED OF THE
ARBITRATION PROCEEDING DID NOT APPEAR. THE COURT, ON REQUEST,
MAY DIRECT THE ARBITRATOR TO CONDUCT THE HEARING PROMPTLY AND
RENDER A TIMELY DECISION.
(D) PROCEDURE.--AT A HEARING UNDER SUBSECTION (C), A PARTY
TO THE ARBITRATION PROCEEDING HAS A RIGHT TO BE HEARD, TO
PRESENT EVIDENCE MATERIAL TO THE CONTROVERSY AND TO CROSS-
EXAMINE WITNESSES APPEARING AT THE HEARING.
(E) REPLACEMENT.--IF AN ARBITRATOR CEASES OR IS UNABLE TO
ACT DURING THE ARBITRATION PROCEEDING, A REPLACEMENT ARBITRATOR
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MUST BE APPOINTED IN ACCORDANCE WITH SECTION 7321.12 (RELATING
TO APPOINTMENT OF ARBITRATOR; SERVICE AS A NEUTRAL ARBITRATOR)
TO CONTINUE THE PROCEEDING AND TO RESOLVE THE CONTROVERSY.
(F) LOCATION FOR ARBITRATION HEARING FOR CONSUMER
TRANSACTIONS.--A HEARING CONDUCTED UNDER AN ARBITRATION
AGREEMENT APPLICABLE TO A CONSUMER TRANSACTION SHALL BE HELD AT
A LOCATION REASONABLY CONVENIENT TO THE CONSUMER.
§ 7321.17. REPRESENTATION BY ATTORNEY.
A PARTY TO AN ARBITRATION PROCEEDING MAY BE REPRESENTED BY AN
ATTORNEY.
§ 7321.18. WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.
(A) SUBPOENAS.--AN ARBITRATOR MAY ISSUE A SUBPOENA FOR THE
ATTENDANCE OF A WITNESS AND FOR THE PRODUCTION OF RECORDS AND
OTHER EVIDENCE AT A HEARING AND MAY ADMINISTER OATHS. A SUBPOENA
MUST BE SERVED IN THE MANNER FOR SERVICE OF SUBPOENAS IN A CIVIL
ACTION AND, UPON MOTION TO THE COURT BY A PARTY TO THE
ARBITRATION PROCEEDING OR THE ARBITRATOR, MAY BE ENFORCED IN THE
MANNER FOR ENFORCEMENT OF SUBPOENAS IN A CIVIL ACTION.
(B) DEPOSITIONS.--IN ORDER TO MAKE THE PROCEEDINGS FAIR,
EXPEDITIOUS AND COST EFFECTIVE, UPON REQUEST OF A PARTY TO OR A
WITNESS IN AN ARBITRATION PROCEEDING, AN ARBITRATOR MAY PERMIT A
DEPOSITION OF A WITNESS TO BE TAKEN FOR USE AS EVIDENCE AT THE
HEARING, INCLUDING A WITNESS WHO CANNOT BE SUBPOENAED FOR OR IS
UNABLE TO ATTEND A HEARING. THE ARBITRATOR SHALL DETERMINE THE
CONDITIONS UNDER WHICH THE DEPOSITION IS TAKEN.
(C) DISCOVERY.--AN ARBITRATOR MAY PERMIT DISCOVERY AS THE
ARBITRATOR DECIDES IS APPROPRIATE IN THE CIRCUMSTANCES, TAKING
INTO ACCOUNT THE NEEDS OF THE PARTIES TO THE ARBITRATION
PROCEEDING AND OTHER AFFECTED PERSONS AND THE DESIRABILITY OF
MAKING THE PROCEEDING FAIR, EXPEDITIOUS AND COST EFFECTIVE.
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(D) COMPLIANCE WITH DISCOVERY.--IF AN ARBITRATOR PERMITS
DISCOVERY UNDER SUBSECTION (C), THE ARBITRATOR MAY ORDER A PARTY
TO THE ARBITRATION PROCEEDING TO COMPLY WITH THE ARBITRATOR'S
DISCOVERY-RELATED ORDERS, ISSUE SUBPOENAS FOR THE ATTENDANCE OF
A WITNESS AND FOR THE PRODUCTION OF RECORDS AND OTHER EVIDENCE
AT A DISCOVERY PROCEEDING AND TAKE ACTION AGAINST A NONCOMPLYING
PARTY TO THE EXTENT A COURT COULD IF THE CONTROVERSY WERE THE
SUBJECT OF A CIVIL ACTION IN THIS COMMONWEALTH.
(E) PROTECTIVE ORDERS.--AN ARBITRATOR MAY ISSUE A PROTECTIVE
ORDER TO PREVENT THE DISCLOSURE OF PRIVILEGED INFORMATION,
CONFIDENTIAL INFORMATION, TRADE SECRETS AND OTHER INFORMATION
PROTECTED FROM DISCLOSURE TO THE EXTENT A COURT COULD IF THE
CONTROVERSY WERE THE SUBJECT OF A CIVIL ACTION IN THIS
COMMONWEALTH.
(F) COMPULSORY LAWS.--ALL LAWS COMPELLING A PERSON UNDER
SUBPOENA TO TESTIFY AND ALL FEES FOR ATTENDING A JUDICIAL
PROCEEDING, A DEPOSITION OR A DISCOVERY PROCEEDING AS A WITNESS
APPLY TO AN ARBITRATION PROCEEDING AS IF THE CONTROVERSY WERE
THE SUBJECT OF A CIVIL ACTION IN THIS COMMONWEALTH.
(G) ENFORCEMENT.--THE COURT MAY ENFORCE A SUBPOENA OR
DISCOVERY-RELATED ORDER FOR THE ATTENDANCE OF A WITNESS WITHIN
THIS COMMONWEALTH AND FOR THE PRODUCTION OF RECORDS AND OTHER
EVIDENCE ISSUED BY AN ARBITRATOR IN CONNECTION WITH AN
ARBITRATION PROCEEDING IN ANOTHER STATE UPON CONDITIONS
DETERMINED BY THE COURT SO AS TO MAKE THE ARBITRATION PROCEEDING
FAIR, EXPEDITIOUS AND COST EFFECTIVE. A SUBPOENA OR DISCOVERY-
RELATED ORDER ISSUED BY AN ARBITRATOR IN ANOTHER STATE MUST BE
SERVED IN THE MANNER PROVIDED BY LAW FOR SERVICE OF SUBPOENAS IN
A CIVIL ACTION IN THIS COMMONWEALTH AND, UPON MOTION TO THE
COURT BY A PARTY TO THE ARBITRATION PROCEEDING OR THE
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ARBITRATOR, MAY BE ENFORCED IN THE MANNER PROVIDED BY LAW FOR
ENFORCEMENT OF SUBPOENAS IN A CIVIL ACTION IN THIS COMMONWEALTH.
§ 7321.19. JUDICIAL ENFORCEMENT OF PREAWARD RULING BY
ARBITRATOR.
IF AN ARBITRATOR MAKES A PREAWARD RULING IN FAVOR OF A PARTY
TO THE ARBITRATION PROCEEDING, THE PARTY MAY REQUEST THE
ARBITRATOR TO INCORPORATE THE RULING INTO AN AWARD UNDER SECTION
7321.20 (RELATING TO AWARD). A PREVAILING PARTY MAY MAKE A
MOTION TO THE COURT FOR AN EXPEDITED ORDER TO CONFIRM THE AWARD
UNDER SECTION 7321.23 (RELATING TO CONFIRMATION OF AWARD), IN
WHICH CASE THE COURT SHALL SUMMARILY DECIDE THE MOTION. THE
COURT SHALL ISSUE AN ORDER TO CONFIRM THE AWARD UNLESS THE COURT
VACATES, MODIFIES OR CORRECTS THE AWARD UNDER SECTION 7321.24
(RELATING TO VACATING AWARD) OR 7321.25 (RELATING TO
MODIFICATION OR CORRECTION OF AWARD).
§ 7321.20. AWARD.
(A) RECORD.--AN ARBITRATOR SHALL MAKE A RECORD OF AN AWARD.
THE RECORD MUST BE SIGNED OR OTHERWISE AUTHENTICATED BY AN
ARBITRATOR WHO CONCURS WITH THE AWARD. THE ARBITRATOR OR THE
ARBITRATION ORGANIZATION SHALL GIVE NOTICE OF THE AWARD,
INCLUDING A COPY OF THE AWARD, TO EACH PARTY TO THE ARBITRATION
PROCEEDING.
(B) TIME.--AN AWARD MUST BE MADE WITHIN THE TIME SPECIFIED
BY THE AGREEMENT TO ARBITRATE OR, IF NOT SPECIFIED IN THE
AGREEMENT, WITHIN THE TIME ORDERED BY THE COURT. THE COURT MAY
EXTEND OR THE PARTIES TO THE ARBITRATION PROCEEDING MAY AGREE IN
A RECORD TO EXTEND THE TIME. THE COURT OR THE PARTIES MAY DO SO
WITHIN OR AFTER THE TIME SPECIFIED OR ORDERED. A PARTY WAIVES AN
OBJECTION THAT AN AWARD WAS NOT TIMELY MADE UNLESS THE PARTY
GIVES NOTICE OF THE OBJECTION TO THE ARBITRATOR BEFORE RECEIVING
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NOTICE OF THE AWARD.
§ 7321.21. CHANGE OF AWARD BY ARBITRATOR.
(A) MOTION.--ON MOTION TO AN ARBITRATOR BY A PARTY TO AN
ARBITRATION PROCEEDING, THE ARBITRATOR MAY MODIFY OR CORRECT AN
AWARD:
(1) UPON A GROUND STATED IN SECTION 7321.25(A)(1) OR (3)
(RELATING TO MODIFICATION OR CORRECTION OF AWARD);
(2) BECAUSE THE ARBITRATOR HAS NOT MADE A FINAL AND
DEFINITE AWARD UPON A CLAIM SUBMITTED BY THE PARTIES TO THE
ARBITRATION PROCEEDING; OR
(3) TO CLARIFY THE AWARD.
(B) TIME FOR MOTION.--A MOTION UNDER SUBSECTION (A) MUST BE
MADE AND NOTICE GIVEN TO ALL PARTIES WITHIN 20 DAYS AFTER THE
MOVANT RECEIVES NOTICE OF THE AWARD.
(C) TIME FOR OBJECTION TO MOTION.--A PARTY TO THE
ARBITRATION PROCEEDING MUST GIVE NOTICE OF AN OBJECTION TO THE
MOTION WITHIN 10 DAYS AFTER RECEIPT OF THE NOTICE.
(D) PENDING MOTION TO COURT.--IF A MOTION TO THE COURT IS
PENDING UNDER SECTION 7321.23 (RELATING TO CONFIRMATION OF
AWARD), 7321.24 (RELATING TO VACATING AWARD) OR 7321.25, THE
COURT MAY SUBMIT THE CLAIM TO THE ARBITRATOR TO CONSIDER WHETHER
TO MODIFY OR CORRECT THE AWARD:
(1) UPON A GROUND STATED IN SECTION 7321.25(A)(1) OR
(3);
(2) BECAUSE THE ARBITRATOR HAS NOT MADE A FINAL AND
DEFINITE AWARD UPON A CLAIM SUBMITTED BY THE PARTIES TO THE
ARBITRATION PROCEEDING; OR
(3) TO CLARIFY THE AWARD.
(E) OTHER PROVISIONS APPLICABLE.--AN AWARD MODIFIED OR
CORRECTED UNDER THIS SECTION IS SUBJECT TO SECTIONS 7321.20(A)
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(RELATING TO AWARD), 7321.23, 7321.24 AND 7321.25.
§ 7321.22. REMEDIES; FEES AND EXPENSES OF ARBITRATION
PROCEEDING.
(A) PUNITIVE DAMAGES.--AN ARBITRATOR MAY AWARD PUNITIVE
DAMAGES OR OTHER EXEMPLARY RELIEF IF SUCH AN AWARD IS AUTHORIZED
BY LAW IN A CIVIL ACTION INVOLVING THE SAME CLAIM AND THE
EVIDENCE PRODUCED AT THE HEARING JUSTIFIES THE AWARD UNDER THE
LEGAL STANDARDS OTHERWISE APPLICABLE TO THE CLAIM.
(B) ATTORNEY FEES AND COSTS.--AN ARBITRATOR MAY AWARD
REASONABLE ATTORNEY FEES AND OTHER REASONABLE EXPENSES OF
ARBITRATION IF THE AWARD IS AUTHORIZED BY LAW IN A CIVIL ACTION
INVOLVING THE SAME CLAIM, BY THE AGREEMENT OF THE PARTIES TO THE
ARBITRATION PROCEEDING OR BY THE TERMS OF AN AGREEMENT SUBJECT
TO ARBITRATION.
(C) ADDITIONAL REMEDIES.--AS TO ALL REMEDIES OTHER THAN
THOSE AUTHORIZED BY SUBSECTIONS (A) AND (B), AN ARBITRATOR MAY
ORDER REMEDIES AS THE ARBITRATOR CONSIDERS JUST AND APPROPRIATE
UNDER THE CIRCUMSTANCES OF THE ARBITRATION PROCEEDING. THE FACT
THAT A REMEDY COULD NOT OR WOULD NOT BE GRANTED BY THE COURT IS
NOT A GROUND FOR REFUSING TO CONFIRM AN AWARD UNDER SECTION
7321.23 (RELATING TO CONFIRMATION OF AWARD) OR FOR VACATING AN
AWARD UNDER SECTION 7321.24 (RELATING TO VACATING AWARD).
(D) ARBITRATOR COSTS AND FEES.--AN ARBITRATOR'S EXPENSES AND
FEES, TOGETHER WITH OTHER EXPENSES, MUST BE PAID AS PROVIDED IN
THE AWARD.
(E) JUSTIFICATION FOR PUNITIVE DAMAGES.--IF AN ARBITRATOR
AWARDS PUNITIVE DAMAGES OR OTHER EXEMPLARY RELIEF UNDER
SUBSECTION (A), THE ARBITRATOR SHALL SPECIFY IN THE AWARD THE
BASIS IN FACT JUSTIFYING AND THE BASIS IN LAW AUTHORIZING THE
AWARD AND STATE SEPARATELY THE AMOUNT OF THE PUNITIVE DAMAGES OR
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OTHER EXEMPLARY RELIEF.
§ 7321.23. CONFIRMATION OF AWARD.
AFTER A PARTY TO AN ARBITRATION PROCEEDING RECEIVES NOTICE OF
AN AWARD, THE PARTY MUST MAKE A MOTION TO THE COURT FOR AN ORDER
CONFIRMING THE AWARD. THE COURT SHALL THEN ISSUE A CONFIRMING
ORDER UNLESS THE AWARD IS MODIFIED OR CORRECTED UNDER SECTION
7321.21 (RELATING TO CHANGE OF AWARD BY ARBITRATOR) OR 7321.25
(RELATING TO MODIFICATION OR CORRECTION OF AWARD) OR IS VACATED
UNDER SECTION 7321.24 (RELATING TO VACATING AWARD).
§ 7321.24. VACATING AWARD.
(A) GROUNDS.--UPON MOTION TO THE COURT BY A PARTY TO AN
ARBITRATION PROCEEDING, THE COURT SHALL VACATE AN AWARD MADE IN
THE ARBITRATION PROCEEDING IF:
(1) THE AWARD WAS PROCURED BY CORRUPTION, FRAUD OR OTHER
UNDUE MEANS;
(2) THERE WAS:
(I) EVIDENT PARTIALITY BY AN ARBITRATOR APPOINTED AS
A NEUTRAL ARBITRATOR;
(II) CORRUPTION BY AN ARBITRATOR; OR
(III) MISCONDUCT BY AN ARBITRATOR PREJUDICING THE
RIGHTS OF A PARTY TO THE ARBITRATION PROCEEDING;
(3) AN ARBITRATOR REFUSED TO POSTPONE THE HEARING UPON
SHOWING OF SUFFICIENT CAUSE FOR POSTPONEMENT, REFUSED TO
CONSIDER EVIDENCE MATERIAL TO THE CONTROVERSY OR OTHERWISE
CONDUCTED THE HEARING CONTRARY TO SECTION 7321.16 (RELATING
TO ARBITRATION PROCESS), SO AS TO PREJUDICE THE RIGHTS OF A
PARTY TO THE ARBITRATION PROCEEDING;
(4) AN ARBITRATOR EXCEEDED THE ARBITRATOR'S POWERS;
(5) THERE WAS NO AGREEMENT TO ARBITRATE, UNLESS THE
PERSON PARTICIPATED IN THE ARBITRATION PROCEEDING WITHOUT
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RAISING THE OBJECTION UNDER SECTION 7321.16(C) NOT LATER THAN
THE BEGINNING OF THE ARBITRATION HEARING; OR
(6) THE ARBITRATION WAS CONDUCTED WITHOUT PROPER NOTICE
OF THE INITIATION OF AN ARBITRATION AS REQUIRED IN SECTION
7321.10 (RELATING TO INITIATION OF ARBITRATION) SO AS TO
PREJUDICE SUBSTANTIALLY THE RIGHTS OF A PARTY TO THE
ARBITRATION PROCEEDING.
(B) TIME.--A MOTION UNDER THIS SECTION MUST BE FILED WITHIN
30 DAYS AFTER THE MOVANT RECEIVES NOTICE OF THE AWARD UNDER
SECTION 7321.20 (RELATING TO AWARD) OR WITHIN 30 DAYS AFTER THE
MOVANT RECEIVES NOTICE OF A MODIFIED OR CORRECTED AWARD UNDER
SECTION 7321.21 (RELATING TO CHANGE OF AWARD BY ARBITRATOR),
UNLESS THE MOVANT ALLEGES THAT THE AWARD WAS PROCURED BY
CORRUPTION, FRAUD OR OTHER UNDUE MEANS, IN WHICH CASE THE MOTION
MUST BE MADE WITHIN 30 DAYS AFTER THE GROUND IS KNOWN OR BY THE
EXERCISE OF REASONABLE CARE WOULD HAVE BEEN KNOWN BY THE MOVANT.
(C) REHEARING.--IF THE COURT VACATES AN AWARD ON A GROUND
OTHER THAN THAT SET FORTH IN SUBSECTION (A)(5), IT MAY ORDER A
REHEARING. IF THE AWARD IS VACATED ON A GROUND STATED IN
SUBSECTION (A)(1) OR (2), THE REHEARING SHALL BE BEFORE A NEW
ARBITRATOR. IF THE AWARD IS VACATED ON A GROUND STATED IN
SUBSECTION (A)(3), (4) OR (6), THE REHEARING MAY BE BEFORE THE
ARBITRATOR WHO MADE THE AWARD OR THE ARBITRATOR'S SUCCESSOR. THE
ARBITRATOR SHALL RENDER THE DECISION IN THE REHEARING WITHIN THE
SAME TIME AS THAT PROVIDED IN SECTION 7321.20(B) FOR AN AWARD.
(D) CONFIRMATION.--IF THE COURT DENIES A MOTION TO VACATE AN
AWARD, THE COURT SHALL CONFIRM THE AWARD UNLESS A MOTION TO
MODIFY OR CORRECT THE AWARD IS PENDING.
§ 7321.25. MODIFICATION OR CORRECTION OF AWARD.
(A) GROUNDS.--UPON MOTION MADE WITHIN 90 DAYS AFTER THE
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MOVANT RECEIVES NOTICE OF THE AWARD UNDER SECTION 7321.20
(RELATING TO AWARD) OR WITHIN 90 DAYS AFTER THE MOVANT RECEIVES
NOTICE OF A MODIFIED OR CORRECTED AWARD UNDER SECTION 7321.21
(RELATING TO CHANGE OF AWARD BY ARBITRATOR), THE COURT SHALL
MODIFY OR CORRECT THE AWARD IF:
(1) THERE WAS AN EVIDENT MATHEMATICAL MISCALCULATION OR
AN EVIDENT MISTAKE IN THE DESCRIPTION OF A PERSON, THING OR
PROPERTY REFERRED TO IN THE AWARD;
(2) THE ARBITRATOR HAS MADE AN AWARD ON A CLAIM NOT
SUBMITTED TO THE ARBITRATOR AND THE AWARD MAY BE CORRECTED
WITHOUT AFFECTING THE MERITS OF THE DECISION UPON THE CLAIMS
SUBMITTED; OR
(3) THE AWARD IS IMPERFECT IN A MATTER OF FORM NOT
AFFECTING THE MERITS OF THE DECISION ON THE CLAIMS SUBMITTED.
(B) COURT ACTION.--IF A MOTION MADE UNDER SUBSECTION (A) IS
GRANTED, THE COURT SHALL MODIFY OR CORRECT AND CONFIRM THE AWARD
AS MODIFIED OR CORRECTED. OTHERWISE, UNLESS A MOTION TO VACATE
IS PENDING, THE COURT SHALL CONFIRM THE AWARD.
(C) JOINDER.--A MOTION TO MODIFY OR CORRECT AN AWARD UNDER
THIS SECTION MAY BE JOINED WITH A MOTION TO VACATE THE AWARD
UNDER SECTION 7321.24 (RELATING TO VACATING AWARD).
§ 7321.26. JUDGMENT ON AWARD; ATTORNEY FEES AND LITIGATION
EXPENSES.
(A) JUDGMENT.--UPON GRANTING AN ORDER CONFIRMING, VACATING
WITHOUT DIRECTING A REHEARING, MODIFYING OR CORRECTING AN AWARD,
THE COURT SHALL ENTER A JUDGMENT IN CONFORMITY WITH THE ORDER.
THE JUDGMENT MAY BE RECORDED, DOCKETED AND ENFORCED AS ANY OTHER
JUDGMENT IN A CIVIL ACTION.
(B) COURT COSTS.--A COURT MAY ALLOW REASONABLE COSTS OF THE
MOTION AND SUBSEQUENT JUDICIAL PROCEEDINGS.
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(C) ATTORNEY FEES AND COSTS.--ON APPLICATION OF A PREVAILING
PARTY TO A CONTESTED JUDICIAL PROCEEDING UNDER SECTION 7321.23
(RELATING TO CONFIRMATION OF AWARD), 7321.24 (RELATING TO
VACATING AWARD) OR 7321.25 (RELATING TO MODIFICATION OR
CORRECTION OF AWARD), THE COURT MAY ADD REASONABLE ATTORNEY FEES
AND OTHER REASONABLE EXPENSES OF LITIGATION INCURRED IN A
JUDICIAL PROCEEDING AFTER THE AWARD IS MADE TO A JUDGMENT
CONFIRMING, VACATING WITHOUT DIRECTING A REHEARING, MODIFYING OR
CORRECTING AN AWARD IF ATTORNEY FEES AND OTHER EXPENSES ARE
AUTHORIZED BY LAW TO BE ADDED TO AN AWARD IN A CIVIL ACTION
INVOLVING THE SAME CLAIM AS THE ARBITRATION AWARD.
§ 7321.27. JURISDICTION.
(A) ENFORCEMENT.--A COURT HAVING JURISDICTION OVER THE
CONTROVERSY AND THE PARTIES MAY ENFORCE AN AGREEMENT TO
ARBITRATE.
(B) EXCLUSIVITY.--AN AGREEMENT TO ARBITRATE PROVIDING FOR
ARBITRATION IN THIS COMMONWEALTH CONFERS EXCLUSIVE JURISDICTION
ON THE COURT TO ENTER JUDGMENT ON AN AWARD UNDER THIS
SUBCHAPTER.
§ 7321.28. VENUE.
A MOTION UNDER SECTION 7321.6 (RELATING TO APPLICATION FOR
JUDICIAL RELIEF) MUST BE MADE IN THE COURT OF THE COUNTY IN
WHICH THE AGREEMENT TO ARBITRATE OR SECTION 7321.16(F) (RELATING
TO ARBITRATION PROCESS) SPECIFIES THE ARBITRATION HEARING IS TO
BE HELD OR, IF THE HEARING HAS BEEN HELD, IN THE COURT OF THE
COUNTY IN WHICH THE HEARING WAS HELD. OTHERWISE, THE MOTION MAY
BE MADE IN THE COURT OF THE COUNTY IN THIS COMMONWEALTH AS
PROVIDED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. ALL
SUBSEQUENT MOTIONS MUST BE MADE IN THE COURT HEARING THE INITIAL
MOTION UNLESS THE COURT OTHERWISE DIRECTS.
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§ 7321.29. APPEALS.
(A) APPEALABLE ORDERS.--AN APPEAL MAY BE TAKEN FROM:
(1) AN ORDER DENYING A MOTION TO COMPEL ARBITRATION;
(2) AN ORDER GRANTING A MOTION TO STAY ARBITRATION;
(3) AN ORDER CONFIRMING OR DENYING CONFIRMATION OF AN
AWARD;
(4) AN ORDER MODIFYING OR CORRECTING AN AWARD;
(5) AN ORDER VACATING AN AWARD WITHOUT DIRECTING A
REHEARING; OR
(6) A FINAL JUDGMENT ENTERED UNDER THIS SUBCHAPTER.
(B) PROCEDURE.--AN APPEAL UNDER THIS SECTION MUST BE TAKEN
AS FROM AN ORDER OR A JUDGMENT IN A CIVIL ACTION AND MUST BE
TAKEN WITHIN 30 DAYS OF THE ORDER OR JUDGMENT.
§ 7321.30. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
(A) GENERAL RULE.--IN APPLYING AND CONSTRUING THIS
SUBCHAPTER, CONSIDERATION SHALL BE GIVEN TO THE NEED TO PROMOTE
UNIFORMITY OF THE LAW WITH RESPECT TO THE SUBJECT MATTER AMONG
STATES THAT ENACT IT.
(B) RIGHT TO TRIAL BY JURY.--EXCEPT AS PROVIDED BY AN
AGREEMENT TO ARBITRATE, NOTHING IN THIS SUBCHAPTER IS INTENDED
TO REQUIRE A PARTY TO WAIVE THE RIGHT TO TRIAL BY JURY TO THE
EXTENT PROVIDED BY THE CONSTITUTION OF THE UNITED STATES AND THE
CONSTITUTION OF PENNSYLVANIA.
(C) SEVERABILITY.--IF ANY PROVISION OF THIS SUBCHAPTER OR
THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD
INVALID, THE REMAINDER OF THIS SUBCHAPTER AND THE APPLICATION OF
SUCH PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE
AFFECTED.
§ 7321.31. RELATIONSHIP TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT.
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THE PROVISIONS OF THIS SUBCHAPTER GOVERNING THE LEGAL EFFECT,
VALIDITY AND ENFORCEABILITY OF ELECTRONIC RECORDS OR ELECTRONIC
SIGNATURES AND OF CONTRACTS PERFORMED WITH THE USE OF SUCH
RECORDS OR SIGNATURES CONFORM TO THE REQUIREMENTS OF SECTION 102
OF THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT
(PUBLIC LAW 106-229, 15 U.S.C. § 7002 ).
SECTION 2. SECTIONS 7341 AND 7342 OF TITLE 42 ARE AMENDED TO
READ:
§ 7341. COMMON LAW ARBITRATION.
THE AWARD OF AN ARBITRATOR IN A NONJUDICIAL ARBITRATION WHICH
IS NOT SUBJECT TO SUBCHAPTER A (RELATING TO STATUTORY
ARBITRATION), A.1 (RELATING TO REVISED STATUTORY ARBITRATION) OR
A SIMILAR STATUTE REGULATING NONJUDICIAL ARBITRATION PROCEEDINGS
IS BINDING AND MAY NOT BE VACATED OR MODIFIED UNLESS IT IS
CLEARLY SHOWN THAT A PARTY WAS DENIED A HEARING OR THAT FRAUD,
MISCONDUCT, CORRUPTION OR OTHER IRREGULARITY CAUSED THE
RENDITION OF AN UNJUST, INEQUITABLE OR UNCONSCIONABLE AWARD.
§ 7342. PROCEDURE.
(A) GENERAL RULE.--THE FOLLOWING PROVISIONS OF SUBCHAPTER
[A] A.1 (RELATING TO REVISED STATUTORY ARBITRATION) SHALL BE
APPLICABLE TO ARBITRATION CONDUCTED PURSUANT TO THIS SUBCHAPTER:
[SECTION 7303 (RELATING TO VALIDITY OF AGREEMENT TO
ARBITRATE).
SECTION 7304 (RELATING TO COURT PROCEEDINGS TO COMPEL OR
STAY ARBITRATION).
SECTION 7305 (RELATING TO APPOINTMENT OF ARBITRATORS BY
COURT).
SECTION 7309 (RELATING TO WITNESSES, SUBPOENAS, OATHS AND
DEPOSITIONS).
SECTION 7317 (RELATING TO FORM AND SERVICE OF
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APPLICATIONS TO COURT).
SECTION 7318 (RELATING TO COURT AND JURISDICTION).
SECTION 7319 (RELATING TO VENUE OF COURT PROCEEDINGS).
SECTION 7320 (RELATING TO APPEALS FROM COURT ORDERS),
EXCEPT SUBSECTION (A)(4).]
SECTION 7321.6 (RELATING TO APPLICATION FOR JUDICIAL
RELIEF).
SECTION 7321.7(A) (RELATING TO VALIDITY OF AGREEMENT TO
ARBITRATE).
SECTION 7321.8 (RELATING TO MOTION TO COMPEL OR STAY
ARBITRATION).
SECTION 7321.12(A) (RELATING TO APPOINTMENT OF
ARBITRATOR; SERVICE AS A NEUTRAL ARBITRATOR).
SECTION 7321.18 (RELATING TO WITNESSES; SUBPOENAS;
DEPOSITIONS; DISCOVERY).
SECTION 7321.27 (RELATING TO JURISDICTION).
SECTION 7321.28 (RELATING TO VENUE).
SECTION 7321.29 (RELATING TO APPEALS), EXCEPT SECTION
7321.29(A)(4).
(B) CONFIRMATION AND JUDGMENT.--ON APPLICATION OF A PARTY
MADE MORE THAN 30 DAYS AFTER AN AWARD IS MADE BY AN ARBITRATOR
UNDER SECTION 7341 (RELATING TO COMMON LAW ARBITRATION), THE
COURT SHALL ENTER AN ORDER CONFIRMING THE AWARD AND SHALL ENTER
A JUDGMENT OR DECREE IN CONFORMITY WITH THE ORDER. [SECTION
7302(D)(2) (RELATING TO SPECIAL APPLICATION) SHALL NOT BE
APPLICABLE TO PROCEEDINGS UNDER THIS SUBCHAPTER.]
SECTION 3. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 74
COLLABORATIVE LAW PROCESS
Sec.
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7401. Short title and scope of chapter.
7402. Definitions.
7403. Beginning the collaborative law process.
7404. Assessment and review.
7405. Collaborative law participation agreement.
7406. Concluding the collaborative law process.
7407. Disqualification of collaborative attorney.
7408. Disclosure of information.
7409. Confidentiality.
7410. Privilege.
7411. Professional responsibility.
§ 7401. Short title and scope of chapter.
(a) Short title.--This chapter shall be known and may be
cited as the Collaborative Law Act.
(b) Scope.--This chapter shall apply to a collaborative law
process between family members and arising from a participation
agreement that meets the requirements of section 7405 (relating
to collaborative law participation agreement).
§ 7402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Collaborative communication." A statement or question that
concerns the collaborative law process or a collaborative matter
and that occurs after the parties sign a collaborative law
participation agreement but before the collaborative law process
is concluded. The term does not include a written settlement
agreement that is signed by all parties to the agreement.
"Collaborative law process." A procedure to resolve a claim,
transaction, dispute or issue without intervention by a
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tribunal, in which procedure all parties sign a collaborative
law participation agreement, all parties are represented by
counsel and counsel is disqualified from representing the
parties in a proceeding before a tribunal.
"Collaborative matter." A dispute, transaction, claim or
issue for resolution that is described in a participation
agreement concerning any of the following:
(1) Marriage, divorce and annulment.
(2) Property distribution, usage and ownership.
(3) Child custody, visitation and parenting time.
(4) Parentage.
(5) Alimony, alimony pendente lite, spousal support and
child support.
(6) Prenuptial, marital and postnuptial agreements.
(7) Adoption.
(8) Termination of parental rights.
(9) A matter arising under 20 Pa.C.S. (relating to
decedents, estates and fiduciaries).
(10) A matter arising under 15 Pa.C.S. Pt. II (relating
to corporations).
"Family members." All of the following:
(1) Spouses and former spouses.
(2) Parents and children, including individuals acting
in loco parentis.
(3) Individuals currently or formerly cohabiting.
(4) Other individuals related by consanguinity or
affinity.
"Nonparty participant." A person other than a party or a
party's attorney that participates in the collaborative law
process. The term may include, but is not limited to, support
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persons, mental health professionals, financial neutrals and
potential parties.
"Party." A person that signs a collaborative law
participation agreement and whose consent is necessary to
resolve a collaborative matter.
"Person." An individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency or instrumentality or any other
legal or commercial entity.
"Proceeding." A judicial, administrative, arbitral or other
adjudicative process before a tribunal.
"Related matter." A matter involving the same parties,
dispute, transaction, claim or issue as a collaborative matter.
"Tribunal." A court, arbitrator, administrative agency or
other body acting in an adjudicative capacity that has
jurisdiction to render a binding decision directly affecting a
party's interests in a matter.
§ 7403. Beginning the collaborative law process.
(a) Voluntariness.--Participation in a collaborative law
process is voluntary and may not be compelled by a tribunal. A
party may terminate the collaborative law process at any time
with or without cause.
(b) Commencement.--A collaborative law process shall begin
when the parties sign a collaborative law participation
agreement. Parties to a proceeding pending before a tribunal may
enter into a collaborative law process to resolve a matter
related to the proceeding.
§ 7404. Assessment and review.
(a) General assessment.--Before entering into a
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collaborative law participation agreement, a prospective party
shall:
(1) Assess factors the prospective party's attorney
reasonably believes relate to whether the collaborative law
process is appropriate for the matter and for the parties,
including a prospective party or nonparty participant's
history, if any, of violent or threatening behavior.
(2) Review information that the attorney reasonably
believes is sufficient for the prospective party to make an
informed decision about the material benefits and risks of a
collaborative law process, as compared with other
alternatives.
(b) Threatening or violent behavior.--
(1) Before a prospective party signs a collaborative law
participation agreement, an attorney shall inquire whether
the prospective party has a history of threatening or violent
behavior toward any party or nonparty participant who will be
part of the collaborative law process.
(2) If an attorney learns or reasonably believes, before
commencing or at any point in the collaborative law process,
that a party or prospective party has engaged in or has a
history of threatening or violent behavior toward any other
party or nonparty participant, the attorney may not begin or
continue the collaborative law process unless the party or
prospective party:
(i) Requests beginning or continuing the
collaborative law process.
(ii) Indicates that the safety of all parties to the
collaborative law process can be protected adequately
during the collaborative law process.
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(c) Private cause of action.--An attorney's failure to
protect a party under this section shall not give rise to a
private cause of action against the attorney.
§ 7405. Collaborative law participation agreement.
(a) Requirements.--A collaborative law participation
agreement must:
(1) Be in writing.
(2) Be signed by the parties.
(3) State the parties' intention to resolve a
collaborative matter through a collaborative law process.
(4) Describe the nature and scope of the collaborative
matter.
(5) Identify the attorney who represents each party in
the collaborative law process.
(6) Include a statement that the representation of each
attorney is limited to the collaborative law process and that
the attorneys are disqualified from representing any party or
nonparty participant in a proceeding related to a
collaborative matter, consistent with this chapter.
(b) Optional provisions.--Parties may include in a
collaborative law participation agreement additional provisions
not inconsistent with this chapter or other applicable law,
including, but not limited to:
(1) An agreement concerning confidentiality of
collaborative communications.
(2) An agreement that part or all of the collaborative
law process will not be privileged in a proceeding.
(3) The scope of voluntary disclosure.
(4) The role of nonparty participants.
(5) The retention and role of nonparty experts.
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(6) The manner and duration of a collaborative law
process under section 7403 (relating to beginning the
collaborative law process) and 7406 (relating to concluding
the collaborative law process).
(c) Nonconforming agreements.--This chapter shall apply to
an agreement that does not meet the requirements of subsection
(a) if:
(1) The agreement indicates an intent to enter into a
collaborative law participation agreement.
(2) The agreement is signed by all parties.
(3) A tribunal determines that the parties intended to
and reasonably believed that they were entering into a
collaborative law agreement subject to the requirements of
this chapter.
§ 7406. Concluding the collaborative law process.
(a) General rule.--A collaborative law process shall be
concluded by:
(1) Resolution of the collaborative matter, as evidenced
by a signed record.
(2) Resolution of a part of the collaborative matter and
agreement by all parties that the remaining parts of the
collaborative matter will not be resolved in the
collaborative law process, as evidenced by a signed record.
(3) Termination under subsection (b).
(4) A method specified in the collaborative law
participation agreement.
(b) Termination.--A collaborative law process shall be
terminated when:
(1) A party gives written notice to all parties that the
collaborative law process is terminated.
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(2) A party begins or resumes a pending proceeding
before a tribunal related to a collaborative matter without
the agreement of all parties.
(3) Except as provided in subsection (c), a