I guess I had not been paying much attention but realized today that the Uniform Collaborative Law Act has been adopted by the National Commissioners on Uniform State Laws and has already been adopted in three states: Nevada, Texas and Utah. In addition, in 2011, it has been introduced in Alabama, District of Columbia, Hawaii, and Massachusetts. I have also been reading anecedotal reports about rates of settlement in disputes where collaborative law was utilized but am struggling to find any good empirical research regarding collaborative law’s success. Anyone know of such research? Let me know.
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Thanks, John. Your article was exactly what I needed. Big help!
To clarify, the Uniform Law Commission adopted the Uniform Collaborative Law Act but the ABA declined to approve a resolution supporting it. States are still free to adopt it (possibly with some revisions) as several have.
I wrote An Empirical Analysis of Collaborative Practice, 49 Family Court Review 257 (2011), which is available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1806633. This summarizes all the empirical research I could find. Part II.B.5 addresses settlement rates. There are some methodological challenges in this research, though it is hard to get valid estimates.
Actually, my understanding is that the UCLA was NOT adopted. The ABA House of Delegates failed to endorse it as did the AAML. Legislation has been introduced, with changes, and has been passed in several states. More info:
http://collaborativepractice.com/_t.asp?M=8&MS=9&T=UCLA