25-40-119. Authority of tribunal in case of noncompliance.
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25-40-119 . Authority of tribunal in case of noncompliance.
(1)If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115 , a tribunal may still find that the parties intended to enter into a collaborative law participation agreement if they:
(a)signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b)reasonably believed they were participating in a collaborative law process.
(2)If a tribunal makes the findings specified in subsection
(1)and the interests of justice require, the tribunal may:
(a)enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b)apply the disqualification provisions of 25-40-104 , 25-40-105 , 25-40-108 , 25-40-109 , and 25-40-110 ; and
(c)apply a privilege under 25-40-116 .