(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) 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 the tribunal makes the findings specified in subsection (a) of this section, 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 §§ 16-4009, 16-4010, and 16-4011; and
(3) Apply a privilege under § 16-4017.
CREDIT(S)
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-125, see notes under § 16-4001.
Uniform Law:
This section is based on § 20 of the Uniform Collaborative Law Act. See Vol. 7 , Part 1B, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
