(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:
Ask a litigation question, get an answer ASAP! Thousands of highly rated, verified litigation lawyers. Click here to chat with a lawyer about your rights.
(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.