Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 13-24-120 - Authority of tribunal in case of noncompliance(1) If an agreement fails to meet the requirements of section 13-24-104 or a lawyer fails to comply with section 13-24-114 or 13-24-115, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:(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 sections 13-24-105, 13-24-106, 13-24-109, and 13-24-111; and(c) Apply a privilege under section 13-24-117.Added by 2021 Ch. 142, §1, eff. 1/1/2022.