2021 Code of Alabama
Title 6 - Civil Practice.
Chapter 6 - Remedies.
Article 1 - Settlement of Controversies.
Division 4 - Alabama Uniform Collaborative Law Act.
Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.
Section 6-6-26.19
Authority of tribunal in case of noncompliance.
(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2) reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and
(3) apply any privilege under law.
(Act 2013-355, p. 1267, §20.)
