North Carolina General Statutes 1-660. Authority of tribunal in case of noncompliance
(a) If an agreement fails to meet the requirements of N.C. Gen. Stat. § 1-644 or a lawyer fails to comply with N.C. Gen. Stat. § 1-654, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they did both of the following:
(1) Signed a record indicating an intention to enter into a collaborative law participation agreement.
Terms Used In North Carolina General Statutes 1-660
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(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 do all of the following:
(1) Enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated.
(2) Apply the disqualification provisions in N.C. Gen. Stat. § 1-645, 1-646, 1-647, 1-649, 1-650, and 1-651.
(3) Apply a privilege under N.C. Gen. Stat. § 1-657 (2020-65, s. 1.)