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

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 to this Article

                        author

Forrest (Woody) Mosten

Forrest (Woody) Mosten Forrest (Woody) Mosten has been in private practice as a mediator since 1979 and currently is practicing mediation and collaborative law 100% online serving clients throughout the world. Woody is a founding partner of the Mosten-Guthrie Online Training Academy for Mediators and Collaborative Professionals. He is Adjunct Professor… MORE >

                        author

John Lande

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.… MORE >

Featured Mediators

ad
View all

Read these next

Category

Parkinson, Lisa: Differences Between US and UK in Family Law – Video

Lisa Parkinson discusses how the legal systems treat family law and family mediation in different states in the US whereas the UK has one legal system and set of standards...

By Lisa Parkinson
Category

Another Study on Fairness

PGP Mediation Blog by Phyllis G. Pollack Once again, chimpanzees have been the subject of another study on “fairness”. Researchers in Georgia claim they now have “…the best laboratory evidence...

By Phyllis Pollack
Category

Collaborative Law & the Get Artisan Movement with Neil Denny

In this episode of the Conflict Specialists Show with Dave Hilton, Dave interviews Neil Denny from Bath, England about:Collaborative LawTeaching People to Engage in Conflict"Conversational Riffs" and other books by...

By Neil Denny

Find a Mediator

X
X
X