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Harvard Law Professor David A. Hoffman Explains the Uniform Collaborative Law Act

Video: Harvard Law Professor Explains Uniform Collaborative Law Act

Last year, Florida Governor Rick Scott signed into law the Collaborative Law Process Act.  There are still some steps that need to be taken for the law to go into effect (namely, the Florida Supreme Court will need to establish rules of procedure and rules of professional conduct).  However, the collaborative community celebrated this milestone after a seven year effort by family law attorneys, mental health professionals, and financial professionals.

Uniform Collaborative Law Act

Florida’s Collaborative Law Process Act is based on the Uniform Collaborative Law Act (“UCLA”).  The UCLA is proposed legislation drafted by the National Conference of Commissioners on Uniform State Laws.  The Uniform Law Commission, as it is more commonly known, creates proposed legislation that it hopes states will adopt to bring consistency and clarity to different areas of the law.

Back in 2010, the American Bar Association House of Delegates was considering whether to support the UCLA.  In the video below made in 2009, Harvard Law Professor David A. Hoffman explains the UCLA.  He also advocates for the American Bar Association to support the UCLA.

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TED Talk: Lawyer As Peacemaker

Harvard Law Professor and Collaborative Attorney David A. Hoffman recently gave a TED Talk on “Lawyer as Peacemaker.”

You can find the TED Talk after the jump:

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Unique Forms of Collaborative Law in Tampa Bay

Collaborative practice is not just for divorce.  It is most commonly associated with divorce, but it can be used as a non-adversarial, private form of dispute resolution in many different scenarios.  Further, there are many cases where a divorce does not begin collaboratively, and yet ends up in the collaborative process.

Below are links to posts written by Family Diplomacy managing attorney Adam B. Cordover on unique forms of collaborative practice in Tampa Bay:

A Complicated Divorce Goes Collaborative

http://familydiplomacy.com/blog/family-law-news/client-review-a-complicated-divorce-goes-collaborative/

Do You Need a Divorce Second Opinion?

http://familydiplomacy.com/blog/collaborative-divorce/do-you-need-a-divorce-second-opinion/

Collaborative Law in Medical Malpractice

http://familydiplomacy.com/blog/collaborative-divorce/video-collaborative-law-in-medical-malpractice/

Polyamorous Divorce in Tampa Bay

http://familydiplomacy.com/blog/lgbt-family-law-matters/polyamorous-divorce-in-tampa-bay/

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Client Review: Collaborative Divorce Handled Efficiently and with Kindness

Family Diplomacy: A Collaborative Law Firm strives to serve its clients with compassion and respect.  Especially when clients are facing the most difficult times, we are there to serve as a reliable and constructive resource.

Avvo - Rate your Lawyer. Get Free Legal Advice.

A client on Avvo.com recently reviewed her collaborative divorce experience.  You can find the review after the jump.

Please note that each case is different, and you may not receive the same or similar results.

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Cordover Guest Speaker at Clearwater Bar Association Meeting

On April 13, 2016, collaborative attorney Adam B. Cordover was a guest speaker at a meeting of the Clearwater Bar Association Family Law Section.  Cordover presented alongside Licensed Mental Health Counselor and Collaborative Facilitator Linda Peterman and Merrill Lynch Certified Financial Planner and Certified Divorce Financial Analyst Jim Spicer on “Collaborative Family Law – Offering A Cutting Edge Alternative to Courtroom Divorce.”

Collaborative divorce is a private form of alternative dispute resolution where the spouses and their attorneys work together to respectfully reach an agreement that is acceptable to both.  Rather than focus on the arguments of the past, collaborative attorneys coach their clients to focus on the future and on what is most important to them, such as the health and well-being of their children.

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Florida Trend Article Features Cordover and Collaborative Law

The April 2016 edition of Florida Trend Magazine featured Family Diplomacy managing attorney Adam B. Cordover in an article on Collaborative Divorce.  The article, titled “Avoiding a Fracas with Collaborative Divorce” (subscription required), described benefits and drawbacks of collaborative practice for executives and business owners.

You can find excerpts from the article below:

Last July, five years after launching his practice, divorce attorney Adam Cordover decided he was finished going to court.  “I’d spent most of my career fighting in court for clients and had seen the devastating effects.  I’d seen clients literally go crazy,” says Cordover.  “I decided I no longer wanted to be part of it.”

https://en.wikipedia.org/wiki/Florida_Trend#/media/File:Florida_Trend_June_2012_Cover.jpg

https://en.wikipedia.org/wiki/Florida_Trend#/media/File:Florida_Trend_June_2012_Cover.jpg

He converted his firm to a litigation-free practice focused on what’s known as collaborative law.  In a collaborative divorce, a couple agrees to settle their differences outside the courtroom through negotiations.

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Tampa Tribune Publishes Cordover Letter on Collaborative Divorce

The March 31, 2016 edition of the Tampa Tribune published a Letter to the Editor penned by Family Diplomacy Managing Attorney Adam B. Cordover on the newly signed Florida Collaborative Law Process Act (“CLPA”).  You can find the Letter to the Editor below:

LETTER OF THE DAY:  TAKING THE FIGHTING OUT OF DIVORCE

Recent bills passed by the Florida Legislature reforming alimony and changing child time-sharing laws have received a lot of attention, but something that has flown under the radar is the passage of the Collaborative Law Process Act (CLPA). Gov. Rick Scott signed the bill on March 24 after a seven-year effort by licensed mental health counselors, marriage and family therapists, psychologists and other family advocates.

 

The CLPA applies to divorce and other family law matters, and it creates a uniform system for the practice of collaborative law (also sometimes referred to as collaborative divorce, collaborative practice or the collaborative process).

The goal of collaborative law is to take the fighting out of divorce. Each spouse retains an attorney for the sole purpose of reaching an out-of-court agreement. Collaborative attorneys are barred from wasting any of the clients’ energy, time or money on opposition research, discovery motions or preparing for trial.

Collaborative law often involves a neutral facilitator with a mental health licensure. This is in recognition of the fact that divorce is not just a legal process, but it is predominately an emotional process. The facilitator helps parents learn to communicate and focus on what is most important to them, such as the health and welfare of their children.

Governor Scott Signs Florida Collaborative Divorce Bill Into Law

On March 24, 2016, Florida Governor Rick Scott signed HB 967, the “Collaborative Law Process Act,” making Florida the 14th state to have Collaborative Divorce codified in its laws.

Collaborative Divorce is a private form of dispute resolution where the parties agree from the outset to settle all matters outside of court.  Each party has his or her own attorney, and the attorneys are there solely to help the parties reach an agreement that is tailored for that family.  The attorneys are forbidden from engaging in opposition research or preparing for costly trials.

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Are Florida Divorce Courts Anti-Dad?

Over the past few years, there has been a movement to overhaul the alimony and child custody laws of Florida and other states.  This is because husbands and fathers have felt like they are under siege in the family law court system.  They have a glimmer of hope that, if only the laws were changed, then maybe they could get the respect and dignity that they deserve when entering a courtroom.

Map of Florida Circuit Courts

So this bring up a fundamental question:  Are Florida’s family law courts anti-father?

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Collaborative Law Process Act Protects Families’ Privacy

Last Friday, the Florida Senate passed its version of HB-967, the Collaborative Law Process Act, priming Florida to become the 14th state to pass a version of the Uniform Collaborative Law Act.

The bill, which was voted on in the Florida Senate by 39-0 after passing the Florida House last month by 117-0, is now enrolled and expected to be signed by the governor.  At the earliest, the Collaborative Law Process Act becomes binding on July 1, 2016.  However, it may take longer, as the bill itself states that it will not go into effect until 30 days after the Florida Supreme Court adopts Rules of Procedure and Rules of Professional Responsibility consistent with the bill.  It is my understanding that proposed rules have been provided or will be provided to the Supreme Court.

[Update: On March 24, 2016, Governor Scott Signed the Collaborative Law Process Act]

The Collaborative Law Process Act, which applies to divorce, paternity, and other family law matters, does several things:

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