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The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process

by John Lande, Forrest (Woody) Mosten
2010
This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties.

To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements.

This Article also suggests ways that lawyers may educate clients generally to make good decisions about dispute resolution options generally, and the Collaborative process in particular.


Attachments



UniformAct.pdf THE UNIFORM COLLABORATIVE LAW ACT’S CONTRIBUTION TO INFORMED CLIENT DECISION MAKING IN CHOOSING A DISPUTE RESOLUTION PROCESS  (UniformAct.pdf)

Biography



John Lande is the Isidor Loeb Professor Emeritus at the University of Missouri School of Law and former director of its LLM Program in Dispute Resolution.  He received his J.D. from Hastings College of Law and Ph.D in sociology from the University of Wisconsin-Madison.  He began mediating professionally in 1982 in California. He was a fellow at the Program on Negotiation at Harvard Law School and the Director of the Mediation Program at the University of Arkansas at Little Rock Law School. His work focuses on various aspects of dispute systems design, including publications analyzing how lawyering and mediation practices transform each other, business lawyers’ and executives’ opinions about litigation and ADR, designing court-connected mediation programs, improving the quality of mediation practice, the “vanishing trial,” and planned early negotiation.   The International Institute for Conflict Prevention and Resolution gave him its award for best professional article for Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio State Journal on Dispute Resolution 619 (2007). The ABA recently published his book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money.  His website, where you can download his publications, is http://www.law.missouri.edu/lande.

Forrest (Woody) Mosten

Forest (Woody) Mosten is Adjunct Professor at UCLA School of Law where he teaches Mediation and Lawyer as Peacemaker. He and has been in private practice as a mediator since 1979. The author of four books and numerous articles on mediation, collaborative law, legal access, and building a peacemaking career, Woody served as convener for the 1999 international symposium, Training Mediators for the 21st Century. He has been Guest Editor for the Family Court Review’s special issues 4 times, most recently for the July 2015 issue on Peacemaking for Divorcing Families. Woody trains mediators, collaborative professionals, and lawyers in conflict resolution courses ranging from basic to master classes and keynotes conferences throughout the world. 

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