Sec. 20.
(1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply:
(a) The parties signed a record indicating an intention to enter into a collaborative law participation agreement.
(b) The parties 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 do all of the following:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated.
(b) Apply the disqualification provisions of sections 5, 6, 9, 10, and 11.
(c) Apply a privilege under section 17.
History: 2014, Act 159, Eff. Dec. 8, 2014
Last modified: October 10, 2016