§ 16-4020 — Authority of tribunal in case of noncompliance.

District of Columbia § 16-4020

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 40: Collaborative Law; Uniform Act.

Text

(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 .

Legislative History

May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928