(a) Notwithstanding the failure of an agreement to meet the requirements of § 3-2002 of this subtitle, a tribunal may find that the parties intended to enter into a collaborative law participation agreement if the parties:

(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; and

(2) Apply the privileges under § 3-2009 of this subtitle.