Montana § 25-40-119 Authority Of Tribunal In Case Of Noncompliance

Montana Statutes

§ 25-40-119 — Authority Of Tribunal In Case Of Noncompliance

Montana·Title 25 CIVIL PROCEDURE·Ch. 40 ALTERNATIVE DISPUTE RESOLUTION·Part 1 Uniform Collaborative Law Act

25-40-119 . Authority of tribunal in case of noncompliance.

(1)If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115 , a tribunal may still 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) 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 25-40-104 , 25-40-105 , 25-40-108 , 2

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25-40-119 . Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115 , a tribunal may still 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) 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 25-40-104 , 25-40-105 , 25-40-108 , 25-40-109 , and 25-40-110 ; and
(c) apply a privilege under 25-40-116 .

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