§12-3320. Authority of tribunal in case of noncompliance.
161 words·~1 min read·
/ok/title-12-civil-procedure/12-3320·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE.
A. If an agreement fails to meet the requirements of Section 4 of this act, or a lawyer fails to comply with Section 14 or 15 of this act, 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 of this section, and the interests of justice require, the tribunal may:
1. Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
2. Apply the disqualification provisions of Sections 5, 6, 9, 10, and 11 of this act; and
3. Apply a privilege under Section 17 of this act. Added by Laws 2025, c. 226, § 20, eff. Jan. 1, 2026.