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Suggestions and Comments Memo 1 (January 2, 2008)

handle is hein.nccusl/nccpub01124 and id is 1 raw text is: Memorandum

To: NCCUSL Drafting Committee for the Uniform Collaborative Law
Act
CC: Observers
From: Andrew Schepard
Re: Comments and Suggestions for Revision of the December 2007
Interim Draft and Reporter's Comments Thereon
Date: January 2, 2008
Introduction
I received a large number of very thoughtful e mails, for which I (and I know the
Committee) is grateful commenting on the December 2007 Interim Draft of the Uniform
Collaborative Law Act (UCLA). What follows are edited excerpts from the e mails,
organized by issue. Following the issue is a summary of where the issue stands in the
January 2008 UCLA Draft. Then, the e mail excerpts follows, and then my comments on
the issue and e mail excerpts.
Please note that some of the sections of the January 2008 UCLA Draft have been
renumbered from the December 2007 Interim Draft in light of the comments received.
The mail comments may thus refer to section numbers that have changed since the
Interim Draft.
The question numbers start at 3 in this memorandum, since questions 1 and 2 are
covered by the separate memorandum on screening and informed consent.
Issues to Be Addressed, Recommendations and Comments
3. How should the UCLA define collaborative law?
Should definition include the word dispute? [Section 2 (5) of the January 2008
UCLA Draft defines dispute as issues and matters described in a collaborative
law participation agreement that the parties will attempt to resolve through
collaborative law and uses that term in various places throughout].
Reporter recommendation: continue to use the term dispute as currently defined.

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