HLS 22RS-554 ORIGINAL
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 42
BY REPRESENTATIVE COUSSAN
DIVORCE: Directs the Louisiana State Law Institute to study and make recommendations
relative to the Uniform Collaborative Law Act
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to study and make specific
3 recommendations for revisions to Louisiana laws in order for the legislature to adopt
4 the Uniform Collaborative Law Act.
5 WHEREAS, the core commitments of a collaborative divorce are to negotiate a
6mutually acceptable resolution without having courts decide issues, maintain open
7communication and complete information sharing, and create shared solutions
8acknowledging the highest priorities of all; and
9 WHEREAS, collaborative family law strives to communicate respectfully and
10constructively between the parties to resolve legal issues promptly and economically; and
11 WHEREAS, through the collaborative divorce both spouses are represented by
12individually selected collaboratively trained counsel; and
13 WHEREAS, prior to commencing the collaborative process, all participants,
14including lawyers and clients, formally contract to work together to resolve all legal issues
15and both lawyers pledge not to litigate the case or treat the case in an adversarial manner;
16and
17 WHEREAS, collaborative law attorneys utilize a multi-disciplinary network of
18professionals to provide expertise and advice on issues relevant to the ultimate resolution;
19and
Page 1 of 3 HLS 22RS-554 ORIGINAL
HCR NO. 42
1 WHEREAS, collaborative law attorneys guide their clients to find creative solutions
2to problems with the assistance of neutral experts and with full consideration of the legal
3ramifications of agreements reached; and
4 WHEREAS, collaborative law attorneys remain committed to assisting clients in
5reaching agreements and overcoming impasses; and
6 WHEREAS, collaborative law attorneys do not prepare or file any document with
7the court except by agreement of all concerned; and
8 WHEREAS, a neutral financial professional can offer advice to the parties on how
9to ensure that the family derives the maximum benefit from the financial resources available;
10and
11 WHEREAS, a neutral facilitator or mental health professional can offer guidance,
12education, and the facilitation of discussions during the dissolution of the marriage,
13including providing a connection between the legal process and the parties' emotional
14process and enhance communication to reduce misunderstanding between the parties; and
15 WHEREAS, collaborative law professionals conduct meetings without the parties
16in order to promote improved communication and cooperation and nourish an environment
17that fosters analysis and reasoning to help generate options and create a positive context for
18resolution while giving both spouses control over the outcome; and
19 WHEREAS, the parties in a collaborative divorce shall participate in good faith to
20reach a negotiated agreement that focuses on the future while respecting their individual
21interests and concerns and the parties shall make full and fair disclosure of all facts pertinent
22to their legal matter to their attorney and to one another; and
23 WHEREAS, collaborative law attorneys are specially trained in the collaborative law
24process and committed to uphold standards of conduct and follow the guidelines of practice
25established by the International Academy of Collaborative Professionals; and
26 WHEREAS, the Uniform Collaborative Law Act was adopted in 2009 by the
27Uniform Law Commission and is therefore available to the individual states to enact as law;
28and
29 WHEREAS, twenty-three states, including our neighboring states of Texas, Florida,
30and Alabama, have adopted collaborative law as it applies in family law matters; and
Page 2 of 3 HLS 22RS-554 ORIGINAL
HCR NO. 42
1 WHEREAS, a guide for the Collaborative Participation Agreement for use under the
2Uniform Collaborative Law Act has been issued by the International Academy of
3Collaborative Professionals; and
4 WHEREAS, utilization of collaborative family law would relieve judges of the
5responsibility to find and appoint outside experts to facilitate certain divorce proceedings,
6especially in evaluations required in custody or visitation proceedings pursuant to R.S. 9:331
7and the appointment of independent mental health experts to assist in determining the best
8interest of the child pursuant to R.S. 9:355.15; and
9 WHEREAS, adoption of the Uniform Collaborative Law Act would be beneficial to
10the citizens of this state.
11 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
12authorize and direct the Louisiana State Law Institute to study and make recommendations,
13if any, of specific revisions to state law to implement the Uniform Collaborative Law Act
14and other supporting legislation.
15 BE IT FURTHER RESOLVED that a copy of this Concurrent Resolution be
16transmitted to the director of the Louisiana State Law Institute and that the Louisiana State
17Law Institute report its findings and recommendations to the Legislature of Louisiana on or
18before April 28, 2023.
19 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
20one print copy and one electronic copy of any report produced pursuant to this Resolution
21to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 42 Original 2022 Regular Session Coussan
Directs the La. State Law Institute to study and make recommendations, if any, of specific
revisions to state law to implement the Uniform Collaborative Law Act and other supporting
legislation.
Page 3 of 3