78B-19-114. Authority of tribunal in case of noncompliance.
(1) If an agreement fails to meet the requirements of Section, or a lawyer fails to comply with Sectionor, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: 78B-19-104 78B-19-111 78B-19-112 signed a record indicating an intention to enter into a collaborative law participation agreement; and reasonably believed they were participating in a collaborative law process.
(2) If a court makes the findings specified in Subsection, and the interests of justice require, the court may: (1) enforce an agreement evidenced by a record resulting from the process in which the parties participated; apply the disqualification provisions of Sectionsand; and 78B-19-105 78B-19-106 apply the privileges in the Utah Rules of Evidence.