2016 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
658G. Hawaii Uniform Collaborative Law Act
658G-20 Authority of tribunal in case of noncompliance.
[§658G-20] Authority of tribunal in case of noncompliance. (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) 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 658G-5, 658G-6, 658G-9, 658G-10, and 658G-11; and
(3) Apply the privilege under section 658G-17. [L 2012, c 207, pt of §1]
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