This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties.
To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements.
This Article also suggests ways that lawyers may educate clients generally to make good decisions about dispute resolution options generally, and the Collaborative process in particular.
Introduction to: Mediate.com; Resourceful Internet Solutions, Inc. (RIS); Online Resolution, Inc. and Online Mediators John Helie and Jim Melamed founded The Mediation Information & Resource Center (MIRC) at www.Mediate.com in...
By James Melamed, J.D., John HelieFrom the blog Mediation Marketing TipsI have had some aha moments again… As I’ve posted before here (Know Thy Mediator Self), I believe that greater self-awareness will make you a...
By Kristina HaymesThis is the complete interview by Robert Benjamin with Richard Salem, a pioneer in the field of mediation and dispute resolution, filmed as part of Mediate.com's "The Mediators: Views from...
By Richard Salem