1. (a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a 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 a tribunal makes the findings specified in subsection (a), 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 sections 658G‑5, 658G-6, 658G-9, 658G-10, and 658G-11; and
   3. (3) Apply the privilege under section 658G-17.

[L 2012, c 207, pt of §1]