reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4006. Proceedings pending before tribunal; status report

§ 16–4006. Proceedings pending before tribunal; status report.
(a) Persons in a proceeding pending before the tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (c) of this section and §§ 16-4007 and 16-4008, the filing operates as an application for a stay of the proceeding.
(b) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (a) of this section is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(c) The tribunal in which a proceeding is stayed under subsection (a) of this section may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(d) The tribunal may not consider a communication made in violation of subsection (c) of this section.
(e) The court shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 6 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4007. Emergency order

§ 16–4007. Emergency order.
During a collaborative law process, the tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party, family member, or other person, in accordance with subchapter I of Chapter 10 of this title.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4006.
Editor's Notes
Uniform Law: This section is based on § 7 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4008. Approval of agreement by tribunal

§ 16–4008. Approval of agreement by tribunal.
The tribunal may approve an agreement resulting from a collaborative law process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4006.
Editor's Notes
Uniform Law: This section is based on § 8 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4009. Disqualification of collaborative lawyer and lawyers in associated law firm

§ 16–4009. Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c) of this section, a collaborative lawyer is disqualified from appearing before the tribunal to represent a party in a proceeding related to the collaborative matter.
(b) Except as otherwise provided in subsection (c) of this section and §§ 16-4010 and 16-4011, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before the tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (a) of this section.
(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(1) To ask the tribunal to approve an agreement resulting from the collaborative law process; or
(2) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, family member, or other person, in accordance with subchapter I of Chapter 10 of this title, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or family member only until that person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4010, § 16-4011, § 16-4014, and § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 9 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4010. Low-income parties

§ 16–4010. Low-income parties.
(a) The disqualification of § 16-4009(a) applies to a collaborative lawyer representing a party with or without fee.
(b) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under § 16-4009(a) is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if:
(1) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;
(2) The collaborative law participation agreement so provides; and
(3) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4009, § 16-4014, and § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 10 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4011. Governmental entity as party

§ 16–4011. Governmental entity as party.
(a) The disqualification of § 16-4009(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(b) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(1) The collaborative law participation agreement so provides; and
(2) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such-participation.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4009, § 16-4014, and § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 11 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4012. Disclosure of information

§ 16–4012. Disclosure of information.
Except as provided by law other than this chapter, during the collaborative law process, upon the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 12 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4013. Standards of professional responsibility and mandatory reporting not affected

§ 16–4013. Standards of professional responsibility and mandatory reporting not affected.
This chapter does not affect:
(1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2) The obligation of a person to report abuse, neglect, abandonment, or exploitation of a child or adult under the law of the District of Columbia.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 13 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4014. Appropriateness of collaborative law process

§ 16–4014. Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;
(2) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
(3) Advise the prospective party that:
(A) If, after signing an agreement, a party initiates a proceeding or seeks intervention by the tribunal in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(B) Participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(C) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before the tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by § 16-4009(c), § 16-4010(b), or § 16-4011(b).
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 14 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4015. Coercive or violent relationship

§ 16–4015. Coercive or violent relationship.
(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(b) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(1) The party or the prospective party requests beginning or continuing the process; and
(2) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 15 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4016. Confidentiality of collaborative law communication

§ 16–4016. Confidentiality of collaborative law communication.
A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of the District of Columbia other than this chapter.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 16 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4017. Privilege against disclosure for collaborative law communication; admissibility; discovery

§ 16–4017. Privilege against disclosure for collaborative law communication; admissibility; discovery.
(a) Subject to §§ 16-4018 and 16-4019, a collaborative law communication is privileged under subsection (b) of this section, is not subject to discovery, and is not admissible as evidence.
(b) In a proceeding, the following privileges apply:
(1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(2) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4018, § 16-4019, and § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 17 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4018. Waiver and preclusion of privilege

§ 16–4018. Waiver and preclusion of privilege.
(a) A privilege under § 16-4017 may be waived in a record or orally during a proceeding if it is expressly waived by all parties entitled to claim the privilege at issue and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(b) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under § 16-4017, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4017.
Editor's Notes
Uniform Law: This section is based on § 18 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4020. Authority of tribunal in case of noncompliance

§ 16–4020. Authority of tribunal in case of noncompliance.
(a) If an agreement fails to meet the requirements of § 16-4004, or a lawyer fails to comply with § 16-4014 or § 16-4015, the tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2) Reasonably believed they were participating in a collaborative law process.
(b) If the tribunal makes the findings specified in subsection (a) of this section, and the interests of justice require, the tribunal may:
(1) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) Apply the disqualification provisions of §§ 16-4009, 16-4010, and 16-4011; and
(3) Apply a privilege under § 16-4017.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 20 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4021. Uniformity of application and construction

§ 16–4021. Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 21 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4022. Relation to Electronic Signatures in Global and National Commerce Act

§ 16–4022. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b) ).
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 22 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 41 - Sureties › § 16–4101. Relief from suretyship; counter security, or bond; removal of officer or fiduciary from office

§ 16–4101. Relief from suretyship; counter security, or bond; removal of officer or fiduciary from office.
When the surety, or his personal representatives, of an officer, commissioner, receiver, or trustee appointed under a decree of court and required to give bond apprehends himself to be in danger of suffering from the suretyship, and petitions the court to be relieved from the suretyship, or that the court require the officer, commissioner, receiver, or trustee to give counter security, the court may, on reasonable notice to the trustee or other officer, require him to give counter security or to give a new bond in the same manner as if none had been given by him. If he fails to do so by a day named, the court may remove him from his office or trust and appoint a new trustee or other officer in his stead to complete the duties of his office of trust, and may thereupon, order him to deliver over to his successor all the trust property, including moneys, books, papers, bonds, notes, and evidences of debt, and may compel compliance with the order by attachment.
(Dec. 23, 1963, 77 Stat. 612, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-4101.
1973 Ed., § 16-4101.
Cross References
Counter security by guardian, see § 21-118.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 41 - Sureties › § 16–4102. Subrogation of surety satisfying judgment

§ 16–4102. Subrogation of surety satisfying judgment.
Where a person recovers a judgment or money decree against the principal debtor and a surety or indorser, and the judgment is satisfied by the surety or indorser, the latter may have the judgment or money decree entered by the clerk to his use and have execution in his own name against the principal, and where a judgment or money decree is rendered against several sureties and one of them satisfies the whole debt, the surety satisfying the judgment may have the judgment or decree entered to his use, have execution against each of the other sureties in the judgment or decree for a proportionate part of the debt so paid by him. On the motion of the surety so paying the entire debt and notice to the other sureties, the court may determine for what amount execution shall issue against each of the other sureties.
(Dec. 23, 1963, 77 Stat. 612, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-4102.
1973 Ed., § 16-4102.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4201. Definitions

§ 16–4201. Definitions.
For the purposes of this chapter, the term:
(1) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2) “Mediation communication” means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
(3) “Mediation party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(4) “Mediator” means an individual who conducts a mediation.
(5) “Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7) “Proceeding” means:
(A) A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or
(B) A legislative hearing or similar process.
(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) “Sign” means:
(A) To execute or adopt a tangible symbol with the present intent to authenticate a record; or
(B) To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Section References
This section is referenced in § 16-4210.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4202. Scope

§ 16–4202. Scope.
(a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which:
(1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
(2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.
(b) The chapter does not apply to a mediation:
(1) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
(2) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;
(3) Conducted by a judge who might make a ruling on the case; or
(4) Conducted under the auspices of:
(A) A primary or secondary school, if all the mediation parties are students;
(B) A correctional institution for youths, if all the mediation parties are residents of that institution; or
(C) The Office of the Attorney General for the District of Columbia or the Mayor, if the mediation arises from a consumer complaint under authority of Chapter 39 of Title 28 of the District of Columbia Official Code, and one of the mediation parties is the consumer complainant.
(c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under §§ 16-4203 through 16-4205 shall not apply to the mediation or part agreed upon; provided, that §§ 16-4203 through 16-4205 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Section References
This section is referenced in § 16-4210.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4203. Privilege against disclosure; admissibility; discovery

§ 16–4203. Privilege against disclosure; admissibility; discovery.
(a) Except as otherwise provided in § 16-4205, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by § 16-4204.
(b) In a proceeding, the following privileges apply:
(1) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(2) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Section References
This section is referenced in § 16-4202, § 16-4204, § 16-4205, § 16-4208, and § 16-4210.
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4204. Waiver and preclusion of privilege

§ 16–4204. Waiver and preclusion of privilege.
(a) A privilege under § 16-4203 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:
(1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(b) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under § 16-4203, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(c) A person that intentionally uses a mediation to plan, attempt to commit, or commit a crime, or to conceal an ongoing crime or ongoing criminal activity, is precluded from asserting a privilege under § 16-4203.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Section References
This section is referenced in § 16-4203 and § 16-4210.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4205. Exceptions to privilege

§ 16–4205. Exceptions to privilege.
(a) There is no privilege under § 16-4203 for a mediation communication that is:
(1) In an agreement evidenced by a record signed by all parties to the agreement;
(2) Available to the public under § 1-207.42, or made during a session of a mediation which is open, or is required by law to be open, to the public;
(3) A threat or statement of a plan to inflict bodily injury as defined by § 22-407, or commit a crime of violence as defined by § 22-4501(f) [now § 22-4501(4)] and § 23-1331.
(4) Intentionally used to plan, attempt to commit, or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;
(5) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
(6) Except as otherwise provided in subsection (c) of this section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
(7) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the case is referred by a court to mediation and a public agency participates.
(b) There is no privilege under § 16-4203 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that:
(1) The evidence is not otherwise available;
(2) There is a need for the evidence that substantially outweighs the interest in protecting confidentiality; and
(3) The mediation communication is sought or offered in:
(A) A court proceeding involving a felony or misdemeanor; or
(B) Except as otherwise provided in subsection (c) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(c) A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection (a)(6) or (b)(3)(B) of this section.
(d) If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Section References
This section is referenced in § 16-4203, § 16-4206, and § 16-4210.
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4206. Prohibited mediator reports

§ 16–4206. Prohibited mediator reports.
(a) Except as permitted in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, arbitrator, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(b) A mediator may disclose:
(1) Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) A mediation communication as permitted under § 16-4205; or
(3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(c) A communication made in violation of subsection (a) of this section may not be considered by a court, administrative agency, arbitrator, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4207. Confidentiality

§ 16–4207. Confidentiality.
Unless subject to § 1-207.42, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of the District of Columbia.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4208. Mediator’s disclosure of conflicts of interest; background

§ 16–4208. Mediator’s disclosure of conflicts of interest; background.
(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(2) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.
(b) If a mediator learns any fact described in subsection (a)(1) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.
(c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.
(d) A person that violates subsection (a), (b), or (g) of this section is precluded by the violation from asserting a privilege under § 16-4203.
(e) Subsections (a), (b), (c), and (g) of this section do not apply to an individual acting as a judge or administrative law judge.
(f) This chapter does not require that a mediator have a special qualification by background or profession.
(g) A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) of this section to be disclosed, the parties agree otherwise.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4209. Participation in mediation

§ 16–4209. Participation in mediation.
(a) An attorney or other individual designated by a mediation party may accompany the party to and participate in a mediation.
(b) A waiver of participation given before the mediation may be rescinded.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 10 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4210. International commercial mediation

§ 16–4210. International commercial mediation.
(a) For the purposes of this section, the term:
(1) “International commercial mediation” means an international commercial conciliation as defined in Article 1 of the Model Law.
(2) “Model Law” means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on June 28, 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated November 19, 2002.
(b) Except as otherwise provided in subsections (c) and (d) of this section, if a mediation is an international commercial mediation, the mediation is governed by the Model Law.
(c) Unless the mediation parties agree in accordance with § 16-4202(c) that all or part of an international commercial mediation is not privileged, §§ 16-4203, 16-4204, and 16-4205 and any applicable definitions in § 16-4201 also apply to the mediation and nothing in Article 10 of the Model Law derogates from §§ 16-4203, 16-4204, and 16-4205.
(d) If the parties to an international commercial mediation agree under Article 1, subsection (7) of the Model Law that the Model Law does not apply, this chapter applies.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 11 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4211. Relation to Electronic Signatures in Global and National Commerce Act

§ 16–4211. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but this chapter does not modify, limit, or supersede section 101(c) of that act [15 U.S.C. § 7001(c) ] or authorize electronic delivery of any of the notices described in section 103(b) of that act [15 U.S.C. § 7003(b) ].
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 12 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4212. Uniformity of application and construction

§ 16–4212. Uniformity of application and construction.
In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 13 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 42 - Mediation; Uniform Act › § 16–4213. Application to existing agreements or referrals

§ 16–4213. Application to existing agreements or referrals.
On or after January 1, 2007, this chapter governs a mediation pursuant to a referral or an agreement to mediate, whenever made.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Editor's Notes
Uniform Law: This section is based upon § 17 of the Uniform Mediation Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4301. Validity of arbitration agreement. [Repealed]

§ 16–4301. Validity of arbitration agreement. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 2, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4301.
1973 Ed., T. 16, Appx., § 2.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 1 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4302. Proceedings to compel or stay arbitration. [Repealed]

§ 16–4302. Proceedings to compel or stay arbitration. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 3, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4302.
1973 Ed., T. 16, Appx., § 3.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 2 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4303. Appointment of arbitrators by Court. [Repealed]

§ 16–4303. Appointment of arbitrators by Court. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 4, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4303.
1973 Ed., T. 16, Appx., § 4.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 3 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4304. Majority action by arbitrators. [Repealed]

§ 16–4304. Majority action by arbitrators. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 5, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4304.
1973 Ed., T. 16, Appx., § 5.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 4 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4305. Hearing. [Repealed]

§ 16–4305. Hearing. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 6, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4305.
1973 Ed., T. 16, Appx., § 6.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 5 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4306. Representation by attorney. [Repealed]

§ 16–4306. Representation by attorney. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 7, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4306.
1973 Ed., T. 16, Appx., § 7.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 6 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4307. Witnesses, subpoenas, depositions. [Repealed]

§ 16–4307. Witnesses, subpoenas, depositions. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 8, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4307.
1973 Ed., T. 16, Appx., § 8.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 7 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4308. Award. [Repealed]

§ 16–4308. Award. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 9, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4308.
1973 Ed., T. 16, Appx., § 9.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 8 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4309. Change of award by arbitrators. [Repealed]

§ 16–4309. Change of award by arbitrators. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 10, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), 27 DCR 2900; Apr. 30, 1988, D.C. Law 7-104, § 4(u), 35 DCR 147; Mar. 24, 1998, D.C. Law 12-81, § 10(qq), 45 DCR 745; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4309.
1973 Ed., T. 16, Appx., § 10.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 9 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4310. Fees and expenses of arbitration. [Repealed]

§ 16–4310. Fees and expenses of arbitration. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 11, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4310.
1973 Ed., T. 16, Appx., § 11.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 10 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4311. Vacating an award. [Repealed]

§ 16–4311. Vacating an award. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 12, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), (c), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4311.
1973 Ed., T. 16, Appx., § 12.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 12 of the Uniform Arbitration Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 43 - Arbitration. [Repealed] › § 16–4312. Modification or correction of award. [Repealed]

§ 16–4312. Modification or correction of award. [Repealed]
Repealed.
(Apr. 7, 1977, D.C. Law 1-117, § 13, 23 DCR 9690; Sept. 6, 1980, D.C. Law 3-85, § 2(a), 27 DCR 2900; Feb. 27, 2008, D.C. Law 17-111, § 3, 55 DCR 1847.)
Prior Codifications
1981 Ed., § 16-4312.
1973 Ed., T. 16, Appx., § 13.
Editor's Notes
Repeal of Uniform Arbitration Act: D.C. Law 17-111, § 3, Feb. 27, 2008, 55 DCR 1847, provided: “Effective July 1, 2009, Chapter 43 of Title 16 of the District of Columbia Official Code is repealed.”
Uniform Law: This section is based upon § 13 of the Uniform Arbitration Act.