Alabama § 6-6-26.19 Authority of Tribunal in Case of Noncompliance

Alabama Statutes

§ 6-6-26.19 — Authority of Tribunal in Case of Noncompliance

Alabama·Title 6 Civil Practice·Ch. 6 Remedies·Art. 1 Settlement of Controversies·Div. 4 Alabama Uniform Collaborative Law Act

(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

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(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.

Alabama § 6-6-26.19 (Authority of Tribunal in Case of Noncompliance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.