(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, 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) enforce an agreement evidenced by a record resulting from the process in which the parties participated; (2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6- 26.08; and (3) apply any privilege under law.
History: (Act 2013-355, p. 1267, §20.)