Collaborative Law Act passing hurdles in Pennsylvania

A few cheers and a hip, hip, hooray are in order for a group of attorneys who have been lobbying within the Pennsylvania Bar Association (PBA) for support for the Collaborative Law Act. The Act, which was drafted by a national committee in 2010 and has already been passed by nine states and the District of Columbia, would create a uniform system for practicing collaborative law in Pennsylvania. Currently, different groups and individual attorneys practice Collaborative Law according to their own training and preferences throughout the state.

Recently, the Family Law Section of the PBA, which includes litigators, collaborative lawyers and mediators alike, gave its unanimous approval to the Collaborative Law Committee (a sub-sub committee) to proceed toward getting full PBA support for the potential legislation. This would be a key step toward getting the bill to the state legislature and into law, though at this time the Act has not been introduced in the Pennsylvania legislature.

Clients often ask me to explain the difference between collaborative law and traditional litigation in divorce cases. I’ve posted an article on my website to clarify key points, but essentially collaborative law keeps decisions in the hands of the divorcing parties, not the judge. Another excellent resource is an article on page 53 of this month’s edition of The Pennsylvania Lawyer by attorney David Miller, former chair and current member of the Collaborative Law Committee of the PBA.

Collaborative Law, a more holistic approach to divorce that can include a counselor or social worker as well as a financial planner at the table, is still in its infancy in Pennsylvania. This is an important step that hopefully will lead to making this legal process more available and better understood to any couples looking to divorce in Bucks County or Pennsylvania.

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