§ 13-24-120. Authority of Tribunal in Case of Noncompliance

[ Editor’s note: This section is effective January 1, 2022.]

1. If an agreement fails to meet the requirements of section 13-24-104 or a lawyer fails to comply with section 13-24-114 or 13-24-115, 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.
2. If a tribunal makes the findings specified in subsection (1) 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 sections 13-24-105, 13-24-106, 13-24-109, and 13-24-111; and
   3. Apply a privilege under section 13-24-117.

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 797, § 1, effective January 1, 2022.