§ 13-24-120 — Authority of tribunal in case of noncompliance

Colorado § 13-24-120

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Uniform Collaborative Law Act

Text

(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:

(a) Signed a record indicating an intention to enter into a collaborative law
participation agreement; and

(b) 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:

(a) Enforce an agreement evidenced by a record resulting from the process
in which the parties participated;

(b) Apply the disqualification provisions of sections 13-24-105, 13-24-106, 13-24-109, and 13-24-111; and

(c) Apply a privilege under section 13-24-117.

Legislative History

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