1. (a) If an agreement fails to meet the requirements of § 16-4004, or a lawyer fails to comply with § 16-4014 or § 16-4015, the tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

   1. (1) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
   2. (2) Reasonably believed they were participating in a collaborative law process.

2. (b) If the tribunal makes the findings specified in subsection (a) of this section, and the interests of justice require, the tribunal may:

   1. (1) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
   2. (2) Apply the disqualification provisions of §§ 16-4009, 16-4010, and 16-4011; and
   3. (3) Apply a privilege under § 16-4017.

History

May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928

Editor's Notes

Uniform Law: This section is based on § 20 of the Uniform Collaborative Law Act.