(1) If an agreement fails to meet the requirements of RCW 7.77.030, or a lawyer fails to comply with RCW 7.77.120 or 7.77.130, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

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(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) Reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1) of this section, and the interests of justice require, the tribunal may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of RCW 7.77.040, 7.77.050, 7.77.080, and 7.77.090; and
(c) Apply a privilege under RCW 7.77.150.