History of the Development of the Uniform Collaborative Law Act / Rules
The Uniform Law Commission, established in 1892, provides states with non-partisan, well conceived, and well drafted legislation that brings clarity and stability to critical areas of state statutory law. Following extensive research, in early 2007, the Commission determined that it would be appropriate to codify the collaborative dispute resolution process, and established a drafting committee to draft a Uniform Collaborative Law Act, Larry Maxwell, Executive Director of GCLC and co-chair of the Collaborative Law Committee of the ABA Section of Dispute Resolution, served as the Section's Advisor to the UCLA Drafting Committee.
In July 2009, at its Annual Meeting in Santa Fe, New Mexico, the Commission by a unanimous vote approved the Uniform Collaborative Law Act. The ABA Collaborative Law Committee has prepared an Executive Summary of the Uniform Collaborative Law Act which provides a section by section analysis of the July 2009 Act.
In February 2010, the Commission, as is its custom, submitted the UCLA to the ABA House of Delegates for approval at the ABA Mid-Year Meeting in Orlando, Florida. The UCLA was supported by a number of ABA entities, including the Sections of Dispute Resolution, Individual Rights & Responsibilities, Family Law Section and many delegates. In view of certain objections voiced by the ABA Litigation Section and other groups, the Commission in consultation with proponents of the Act, decided to withdraw the Act from consideration by the ABA at that time.
In March 2010, in an effort to meet the objections that had been raised at the February ABA Mid-Year, the UCLA Drafting Committee reconvened and made several revisions and additions to the Act.
- The Committee drafted Court Rules which mirror the statute, giving states options to enact the statute, or adopt Court Rules, or a combination thereof.
- The definition of "collaborative matter" in Section 1 of the Act was modified to created an Alternate A which limits the Act / Rules to "matters" which arise under family laws of a state; and, Alternate B, which places no limitation on matters that will be covered by the Act / Rules.
- The Committee modified the automatic stay of court proceedings in Section 6,of the Act to provide that notice to a tribunal that parties are proceeding in the collaborative process is an application for a stay, rather than an automatic stay, as provided in the original 2009 Act.
The revisions and the addition of the Court Rules were unanimously approved by the Commission, and in October 2010, the UCLA / UCLR, as amended became available for introduction in state legislatures. The ABA Collaborative Law Committee has prepared an Updated Executive Summary of the Uniform Collaborative Law Act and Uniform Collaborative Law Rules, which provides a section by section analysis of the Act / Rules.
In February 2011, the Commission resubmitted the UCLA /UCLR at the ABA Mid-Year meeting for approval by the House of Delegates. Due to the continued opposition of the Litigation Section and other ABA entities, the House of Delegates did not approve the UCLA / UCLA. Following the ABA meeting, the leadership of the Uniform Law Commission made a statement strongly supporting the UCLA / UCLR and indicated that the Commission intended to vigorously pursue enactment in all jurisdictions.
At year end 2011, the UCLA had been enacted in Utah, Nevada and Texas (matters arising under the Family Code), and introduced in Maryland, Ohio and Alabama (matters arising under the Family Code). To date this year, the UCLA has been enacted in the District of Columbia (matters arising under the Family Code) and in Hawaii. The judiciary of Washington state is studying the adoption of the Uniform Collaborative Law Rules.
The original 2009 UCLA, the amended 2010 UCLA / UCLR, a history of the drafting process, introductions and enactments by states and a Legislative Information Kit and Bill Tracking information are available on the website of the Uniform Law Commission.
Articles and Papers on the UCLA / UCLR
- Regulating Collaborative Law: The Uniform Collaborative Law Act Takes Shape, by Andrew Schepard and David A. Hoffman, published in Dispute Resolution, Volume 17, Number 1, Fall 2010, a publication of the ABA Section of Dispute Resolution.
- Adoption of the Uniform Collaborative Law Act in Oregon: The Right Time and the Right Reasons, by Patrick Foran, published in the Lewis & Clark Law Review, September 2009, Vol.13:3, a publication of the Lewis & Clark Law School.
- The Uniform Collaborative Law Act, It's Here, by Lawrence R. Maxwell, Jr., published in Alternative Resolutions, Fall 2009, a publication of the ADR Section of the State Bar of Texas.
- The Uniform Collaborative Law Act's Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process by Forrest S. Mosten and John Lande, published in Hofstra Law Review, Vol. 38. 2009.
- Why a Uniform Collaborative Law Act? by Norman Solovay and Lawrence R. Maxwell, Jr., published in the New York Dispute Resolution Lawyer, Vol. 2, No.1, Spring 2009.
- Uniform Collabortive Law Act, Hofstra Law Review, Special Edition, Volume 38 Issue 2 (Winter 2009), forward by Hon. Martha L. Walters, President of the Uniform Law Commission, and articles by law professors, attorneys involved in the process of drafting the UCLA and other prominent collaborative law practitioners.