chapter  3
27 Pages

The advent of the Uniform Collaborative Law Rules/Act 2010 and the ripple effect

ByConnie Healy

The Uniform Collaborative Law Act (UCLA) was adopted by the Uniform Law Commission in 2009. It was amended in 2010 such that the final Act is now referred to as UCLA 2010. The philosophy of the UCLA, as set out in the Prefatory Note is to set a standard minimum floor for collaborative law participation agreements to inform and protect prospective parties and make a collaborative law process easier to administer. Ensuring that clients are fully informed of the risks and benefits of the collaborative process and, indeed, all other methods of resolving the issues at dispute forms the basis of Section 14 of the Act. Screening for capacity under the UCLA focuses mainly on establishing whether there is any history of violence or of an abusive relationship which would lead to potential inequality of bargaining power within the process or the fear of intimidation.