78B-19-114. Authority of tribunal in case of noncompliance.
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78B-19-114. Authority of tribunal in case of noncompliance.
(1)If an agreement fails to meet the requirements of Section 78B-19-104 , or a lawyer fails to comply with Section 78B-19-111 or 78B-19-112 , a tribunal may nonetheless 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 court makes the findings specified in Subsection
(1), and the interests of justice require, the court may:
(a)enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b)apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106 ; and
(c)apply the privileges in the Utah Rules of Evidence.
Enacted by Chapter 382 , 2010 General Session