A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this act.
§ 3316.Confidentiality of Collaborative Law Communication
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMakes a collaborative law communication confidential only to the extent the parties agree in a signed record, or to the extent other Oklahoma law separately provides, distinguishing this narrow confidentiality rule from the broader evidentiary privilege the next sections create.
Full Text of § 3316
Amendment History
Added by Laws 2025, c. 226,s. 16, eff. 1/1/2026.
Plain-English Summary
Section 3316 ties confidentiality to agreement, not automatic protection. A communication made during the collaborative law process is confidential only as far as the parties spell out in a signed record, or as far as some other Oklahoma law independently makes it so. This is distinct from the evidentiary privilege Section 3317 creates -- confidentiality and privilege serve different functions, and this section addresses only the former.
Frequently Asked Questions
Is everything I say during collaborative law automatically confidential?
Only to the extent the parties agree to confidentiality in a signed record, or to the extent it's covered by some other Oklahoma law -- Section 3316 doesn't make it automatic.
How do I make sure my collaborative law communications stay confidential?
Address it in a signed record the parties agree to, since the statute ties confidentiality to that agreement.
Is confidentiality the same thing as the privilege against disclosure?
No, they're addressed separately -- Section 3316 covers confidentiality, while Section 3317 creates the privilege that keeps collaborative communications out of discovery and off the record in a later proceeding.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: is collaborative law confidential oklahoma12 O.S. § 3316confidentiality agreement collaborative law process