AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE.

1. A. If an agreement fails to meet the requirements of Section 4 of this act, or a lawyer fails to comply with Section 14 or 15 of this act, 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 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 Sections 5, 6, 9, 10, and 11 of this act; and
   3. 3. Apply a privilege under Section 17 of this act.

Laws 2025, HB 2117, c. 226, § 20, eff. January 1, 2026.