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NCCUSL releases first draft of Collaborative Law Act
by Jeffrey Cottrill

CHICAGO -- The National Conference of Commissioners on Uniform State Laws (NCCUSL) has released the first draft of its Uniform Collaborative Law Act, for the NCCUSL committee and other observers.

Prepared by Committee Reporter Andrew Schepard, with the help of several of his Hofstra Law School students, the draft was released on August 28, 2007 in anticipation of the October 2007 Drafting Committee meeting in Boise, Idaho.

Created by Stuart G. Webb, collaborative law and collaborative divorce are a relatively new method of resolving divorce by having both parties work together. Instead of battling it out in court litigation, both parties hire collaborative lawyers who agree to work together toward a mutually agreeable solution. "Collaborative Law counsel act as advocates and counselors for their clients and bring their expertise in substantive law to the process," Schepard's draft says. "They encourage joint-planning and problem-solving, rather than presenting the case in an adversarial framework to a judge or arbitrator."

With thirteen sections of the draft, the Uniform Collaborative Law Act has three stated goals. It aims to establish "minimum terms and conditions for Collaborative Law Participation Agreements designed to help ensure that parties considering participating in Collaborative Law enter into the Process with informed consent"; it is also intended to be an Act that "describes the appropriate relationship of Collaborative Law with the justice system" and "meets the reasonable expectations of parties and counsel for confidentiality of communications during the Collaborative Law Process by incorporating evidentiary privilege provisions based on those provided for mediation communications in the Uniform Mediation Act."

Composed of practicing lawyers, judges, and law professors, NCCUSL conceives and drafts legislation to clarify and stabilize critical areas of state statutory laws. Since 1892, this non-profit, unincorporated association has debated, discussed, and drafted new acts via commissioners appointed by each U.S. state.

The draft of the Act is available to read online at www.law.upenn.edu/bll/archives/ulc/ucla/oct2007draft.htm




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