§ 38.565 — Authority of tribunal in case of noncompliance

1. If a collaborative law participation agreement fails to meet the requirements of NRS 38.485 , or if a prospective collaborative lawyer fails to comply with NRS 38.535 or 38.540 , a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if the parties:
(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 NRS 38.510 , 38.515 and 38.520 ; and
(c) Apply the privileges under NRS 38.550 .

Legislative History

(Added to NRS by 2011, 190 )