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

24 Pages Posted: 19 Aug 2010  

Forrest Steven Mosten

UCLA School of Law

John Lande

University of Missouri School of Law

Date Written: August 18, 2010

Abstract

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.

Keywords: collaborative law, uniform collaborative, informed consent, consent, collaborative, dispute

Suggested Citation

Mosten, Forrest Steven and Lande, John, The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process (August 18, 2010). Hofstra Law Review, Vol. 38, p. 611, 2009; University of Missouri School of Law Legal Studies Research Paper No. 2010-18. Available at SSRN: https://ssrn.com/abstract=1661132

Forrest Steven Mosten

UCLA School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

John Lande (Contact Author)

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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