TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 18, 2013
RE: Rule 8.1, N.D.R.Ct., Uniform Collaborative Law Rule
Judge Hagerty has requested the committee consider adoption of the Uniform Collaborative Law Rule in North Dakota. A proposed new Rule 8.1 containing the text of the uniform rule is attached.
According to the Uniform Law Commission, "collaborative law is a voluntary, client-driven form of alternative dispute resolution practiced in all 50 states." The uniform act was promulgated in 2009 "because of the need for a comprehensive statute addressing the practice of collaborative law."
Judge Hagerty states in her proposal letter that collaborative law would be a useful option in family law cases. She states that it also would be beneficial in Eastern North Dakota because collaborative law is practiced in Minnesota. She included with her letter an article from the Grand Forks Herald discussing collaborative law and how it can be applied in divorce cases. This material is attached.
Judge Hagerty also provided a copy of the uniform rule including the text of the rule and
comments and explanatory material about the different provisions, which is attached.