Authority of tribunal in case of noncompliance

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.