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