Hofstra Law
Hofstra Law
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Uniform Collaborative Law Act
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Welcome

Background

Collaborative Law is a voluntary dispute resolution process for parties represented by counsel. Like mediation, Collaborative Law helps parties resolve their dispute themselves rather than having a ruling imposed upon them by a court or arbitrator. A key feature of Collaborative Law is the Collaborative Law Participation Agreement with disqualification provision. If a party seeks judicial intervention, the Agreement requires that counsel for all parties withdraw from further representation in legal proceedings. Collaborative Law has already taken root in family law, though the disqualification provision raises concerns in the business community. For this reason, the drafting committee is still discussing whether the proposed Uniform Collaborative Law Act will be a proposed family law statute or a proposed statute for all civil litigation.

Timetable

The National Conference of Commissioners on Uniform State Laws (“NCCUSL”) decided to draft a proposed Uniform Collaborative Law Act in 2007. NCCUSL appointed Andrew I. Schepard, Professor at Hofstra University School of Law, the Reporter for the Uniform Collaborative Law Act. The first meeting of the Uniform Collaborative Law Drafting Committee took place on April 20 and 21, 2007 in Salt Lake City, Utah. The drafting committee released the first draft of a proposed Uniform Collaborative Law Act for comments on September 4, 2007. The Uniform Collaborative Law Act Drafting Committee held its second meeting on October 5 and 6, 2007 in Boise, Idaho. The drafting committee anticipates the release of its second draft in January 2008. This draft will be presented at the Drafting Committee meeting in Chicago on January 18 and 19, 2008. The Uniform Collaborative Law Act Drafting Committee will be holding its next meeting in March 2008.

Related Meetings/Presentations

The 8th Annual International Academy of Collaborative Professionals (“IACP”) Networking and Educational Forum “THE COLLABORATIVE MOSAIC: Growing Globally, Expanding Locally” was held October 25-28, 2007 in Toronto, Ontario. The Uniform Collaborative Law Act was discussed in an Open Forum Workshop there on Sunday, October 28th. To learn more about Collaborative Law or to find a list of upcoming events in the Collaborative Law community, please visit the official Web site of the International Academy for Collaborative Professionals at www.collaborativepractice.com.

Mission

The mission of the Collaborative Law Project is to draft proposed legislation and/or court rules on various aspects of collaborative law that states may consider adopting to help bring more clarity and uniformity to the collaborative law process, while at the same time improving the quality and practice of collaborative law in the United States.

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