The Uniform Law Commission introduced the Uniform Collaborative Law Rules/Act in 2009. The law was amended in 2010. The main objective is to provide a platform where divergent minds can settle disputes in a collaborative manner. Now, Texas will also adopt the UCLA. The collaborative approach started off with family lawsuits and has now come to be adopted in insurance disputes that can occur between business members.
It is important for all states, including Texas, to adopt the UCLA. Once the act has been adopted, it will help Texas to be in sync with other states that have implemented collaborative law. This consistency will enable states to be on the same platform while selecting collaborative law as a way to solve interstate disputes. Once the act has been implemented, the states do not need to go through an elaborate process of implementing the collaborative law process. All that is required is an outline of the intention that disputes will be resolved peacefully and the description and the names of the collaborative law process attorneys.
Adopting the UCLA also makes sense because it gives instructions on how and when the collaborative law process will end. The UCLA also outlines the disqualification requirement of the attorneys who participate in the collaborative law process once the process ends. The provision regarding disqualification is fundamental to the collaborative law process.
The UCLA also states that legal agencies and other law schools need to represent low income groups in the event that the collaborative law process fails. That will ensure that people with a low income have access to the collaborative law resolution of disputes. These are justifiable reasons for all states, including Texas, to adopt collaborative law.
Source: Uniform Law Commission, “Why States Should Adopt the UCLA,” Accessed on June 29, 2015