Authority of Tribunal in Case of Noncompliance.

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Sec. 20.

(1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply:

(a) The parties signed a record indicating an intention to enter into a collaborative law participation agreement.

(b) The parties reasonably believed they were participating in a collaborative law process.

(2) If a tribunal makes the findings specified in subsection (1), and the interests of justice require, the tribunal may do all of the following:

(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated.

(b) Apply the disqualification provisions of sections 5, 6, 9, 10, and 11.

(c) Apply a privilege under section 17.

History: 2014, Act 159, Eff. Dec. 8, 2014


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