(a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with § 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

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Terms Used In Hawaii Revised Statutes 658G-20

  • Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, that:

    (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

    (2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. See Hawaii Revised Statutes 658G-2

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

    (1) Sign a collaborative law participation agreement; and

    (2) Are represented by collaborative lawyers. See Hawaii Revised Statutes 658G-2

  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 658G-2
  • Tribunal: means :

    (1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

    (2) A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 658G-2

(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 658G-5, 658G-6, collaborative lawyer and lawyers in associated law firm” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>658G-9, 658G-10, and 658G-11; and
(3) Apply the privilege under section collaborative law communication; admissibility; discovery” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>658G-17.