§ 1-660. Authority of tribunal in case of noncompliance.
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§ 1-660. Authority of tribunal in case of noncompliance.
(a)If an agreement fails to meet the requirements of G.S. 1-644 or a lawyer fails to comply with G.S. 1-654, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they did both of the following:
(1)Signed a record indicating an intention to enter into a collaborative law participation agreement.
(2)Reasonably believed they were participating in a collaborative law process.
(b)If a tribunal makes the findings specified in subsection
(a)of this section and the interests of justice require, the tribunal may do all of the following:
(1)Enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated.
(2)Apply the disqualification provisions in G.S. 1-645, 1-646, 1-647, 1-649, 1-650, and 1-651.
(3)Apply a privilege under G.S. 1-657. (2020-65, s. 1.)