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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=20738
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: September 19, 2016 02:49 PM
From: Representative Kate A. Klunk
To: All House members
Subject: Pennsylvania Collaborative Law Act (PCLA)
 
In the near future, I plan to introduce legislation that will create the Pennsylvania Collaborative Law Act (PCLA) which will create a uniform standard of practice for Collaborative Law in Pennsylvania.

Collaborative law is a voluntary alternative dispute resolution process for parties who seek resolution of their legal matter outside of the courtroom. The parties in a collaborative law matter are individually represented every step of the way by separate counsel dedicated to their respective clients’ interests. The use of collaborative law to settle a dispute is entirely voluntary and cannot be court ordered.

Collaborative law is being practiced in virtually every state in the United States, and in more than 24 countries abroad. In early 2007, the Uniform Law Commission (ULC) identified a need for uniformity in the practice of collaborative law from state to state. As a result of this need for uniformity, the ULC drafted and approved the Uniform Collaborative Law Act (UCLA).

My legislation would legitimize collaborative practice and would define what is required in the Participation Agreement, define the disqualification provision, provide for informed consent of parties, and would include provisions for screening for domestic violence.

Since 2009, seventeen states have adopted the UCLA, either in its entirety or a modified version. This legislation would legitimize collaborative practice as a meaningful alternative dispute resolution process. I encourage you to consider co-sponsoring this important legislation.

If you have any comments, questions or concerns regarding this legislation, please contact my office at (717) 630-8942.

Thank you.



Introduced as HB2392