[§ 658G-20] A uthority of tribunal in case of noncompliance.
146 words·~1 min read·
/hi/658g-20A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§ 658G-20] A uthority of tribunal in case of noncompliance.
(a)If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1)Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2)Reasonably believed they were participating in a collaborative law process.
(b)If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:
(1)E nforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2)Apply the disqualification provisions of sections 658G‑5, 658G-6, 658G-9, 658G-10, and 658G-11; and
(3)Apply the privilege under section 658G-17 . [L 2012, c 207, pt of §1]