PA Governor Wolf has signed the Pennsylvania Collaborative Law Act!

Collaborative Law Divorce is now officially regulated in Pennsylvania with the passage of the Pennsylvania Collaborative Law Act. A two-year journey to pass statewide legislation about the practice of Collaborative law concluded June 28, 2018 when the new law was signed by Gov. Wolf.

Collaborative law is an alternative to traditional litigation, originally developed for use in divorce cases but applicable to a wide range of dispute resolution. In the collaborative process, both parties and their attorneys sign an agreement not to go to court prior to negotiations, ensuring any terms remain private and in the hands of the parties alone. Should the process fail, the same lawyers may not then represent the parties in traditional litigation, giving all parties a financial incentive to resolve claims without going to court. Collaborative law is widely viewed as a more humane, empowering process for couples going through divorce.

While collaborative law has been practiced in Pennsylvania previously, there was no agreement among practioners as to the amount of training required prior to identifying as a collaborative lawyer, the documents or contracts required, or even the definition of the process itself.

House bill 1644, originally introduced in 2017, is “An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in civil actions and proceedings, extensively revising statutory arbitration and providing for collaborative law process” according to the Bill’s heading. In other words, collaborative law, while widely used in divorce, has been incorporated into the state’s statutes on general civil actions, making this enormously useful process available across a broad spectrum of civil court cases.

It is no longer just a good idea to try collaborative law instead of court – it is a legal option across the state that must now follow specific criteria. The aspect of collaborative law most affected by the new legislation is the composition of the actual agreement signed by all parties, the responsibilities of attorney’s participating, and the steps all parties must take to conform to stricter standards of disclosure.

I have been practicing collaborative law for more than a decade and am a longtime member of the International Academy of Collaborative Professionals, the only international organization that sets the standard for, training of, and continual education of collaborative lawyers. As a founding member of the Bucks County Collaborative Law Group, a local organization that seeks to improve the quality of collaborative practice locally, I regularly work with other trained collaborative lawyers and divorce-specialized financial planners and counselors who are often part of the collaborative process.

If you are facing divorce and want the negotiations to stay out of court, call me for a free first consult today at 215-345-5259.

– Elissa C. Goldberg, Esquire

Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901

HARRISBURG – The House on Friday approved on concurrence an amended bill authored by Rep. Kate Klunk (R-York) to create a uniform framework for the practice of collaborative law, which speeds up costly and emotionally-draining civil court proceedings, such as divorce. Klunk’s House Bill 1644 now goes to the governor for his signature.

“Though collaborative law is already practiced by some attorneys in the state, my legislation lays the guidelines to create uniformity in the law community,” Klunk said. “Collaborative law has a proven track record of successful outcomes, including reconciling marriages when used in divorce cases. The process also helps free up our courts.”

Divorce proceedings that follow collaborative law, have a 93 percent success rate. Of the remaining 7 percent, 5 percent of cases ended because couples decided to remain married and the other 2 percent were resolved through traditional litigation.

Collaborative law is a voluntary alternative dispute resolution process for parties to have legal matters resolved outside the courtroom. Cases in which the process is used include family law, business law and estate distribution.

One of the hallmarks of collaborative law is that parties are individually represented every step of the way by counsel dedicated not only to their respective clients’ interests, but also to resolving the dispute without resorting to litigation. Additionally, parties agree that, should they fail to negotiate a resolution, they will each be required to retain new counsel for any subsequent litigation.

“This process allows parties to settle their disputes in a respectable manner and with dignity,” Klunk said.

Klunk’s bill was amended in the Senate to include aspects of House Bill 781 to modernize the Uniform Arbitration Act