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

Montana Statutes

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

Montana § 25-40-119

Title 25CIVIL PROCEDURE

Ch. 40ALTERNATIVE DISPUTE RESOLUTION

Part 1Uniform Collaborative Law Act

This text of Montana § 25-40-119 (Authority Of Tribunal In Case Of Noncompliance) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-40-119 (2026).

Text

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 .