Blog

Written by SPBCLG Member, Jeffrey P. Wasserman

Rome was not built in a day nor has the Collaborative Family Law practice been built for many of us.  That is, up until now.  Things are rapidly changing.  That is the exciting news I am writing about.  But first a bit of history to put things into perspective.

• February 14, 1990 Stu Webb wrote to Justice A.M. Keith of the Minnesota State Court about an alternative process to create a positive context for settlement.
• 2009 the UCLA/R was adopted by the National Conference of Commissioners on Uniform State Laws
• 2010 The latest revised UCLA/R was adopted by the National Conference
• November 4, 2010 Collaborative Family Law Council of Florida, Inc. was formed, which later changed its name to Florida Academy of Collaborative Professionals
• 2016 Florida signed into law the Collaborative Law Process Act, subject to the Supreme Court adopting rules of procedure
• 2017 the Florida Supreme Court adopted Rule 12.745 Fla.Fam.L.R.P. which enacted the Statute

Although the process has been in practice in Florida since prior to 2017, there were no guidelines or rules to comply with in Florida.  The collaborative law practitioners used the UCLA/R to provide guidance in their use of collaborative law.

So why am I so excited and why should you be, as well?  It is now midway through 2024, only 7 years after the State of Florida officially adopted Collaborative Family Law by Rule and Statute and very significant changes are occurring.  

• February 28, 2024 The American Bar Association, for the first time, officially recognized Collaborative Law as an accepted form of dispute resolution.  This gives us (collaborative professionals) a seat at the table of all ADR committees everywhere. 
• FACP adopted the uniform Administrative Order in 2023 which has been adopted by three Circuits as of the writing of this Article.  The most significant part of this is that the adoption of this Administrative Order throughout Florida is being promoted by Circuit Court Judges as well as collaborative professionals.
• FACP adopted a comparison chart for use in self-help centers throughout Florida.  The Chart and a description of Collaborative Law is now on the Self Help page of the office of the Supreme Court Administrator (OSCA).  Even more exciting is that the page has a direct link to the FACP landing page for the public.
• The OSCA page has been adopted by at least one Circuit Clerk’s office and plans are being made to promote this state-wide for all of the clerks in the state to have this on their individual self-help pages.
• The Honorable Christopher Sprysenski has been asked to present a panel on Collaborative Family Law at the 2025 Judicial Conference.
• There was a panel of Judges at the 2024 FACP Annual Conference speaking about the benefits of Collaborative Law.   For those who were not in attendance, and it was an SRO crowd, imagine the significance.
• There are 23 states and the District of Columbia that have adopted the UCLA/R in either statute or rule form and the list continues to grow.

The greatest problem that I have seen with the Collaborative Process is that it has be virtually unknown by the Courts and the public. It is also misunderstood by the family practitioners who have not been properly trained in collaborative.  That is now changing, but we cannot afford to sit back, as it will not happen on its own.  There is work to be done, but in a more receptive atmosphere.   We need all of us to participate and be a part of the growth of collaborative.  Reach out to other collaborative professionals and to your colleagues who have not yet been trained in collaborative.  Invite them to a practice group meeting.  Make sure you educate your clients about collaborative when discussing the selection of the process they intend to use for their divorce.  Make certain the court knows the case before them is collaborative when you have the final hearing. 

I predict that the next eighteen months will show a significant incline in our collaborative practices. Please be a part in making this happen.