78B-19-114 - Authority of tribunal in case of noncompliance.
78B-19-114. Authority of tribunal in case of noncompliance.
(1) If an agreement fails to meet the requirements of Section 78B-19-104, or a lawyerfails to comply with Section 78B-19-111 or 78B-19-112, a tribunal may nonetheless find that theparties intended to enter into a collaborative law participation agreement if they:
(a) signed a record indicating an intention to enter into a collaborative law participationagreement; and
(b) reasonably believed they were participating in a collaborative law process.
(2) If a court makes the findings specified in Subsection (1), and the interests of justicerequire, the court may:
(a) enforce an agreement evidenced by a record resulting from the process in which theparties participated;
(b) apply the disqualification provisions of Sections 78B-19-105 and 78B-19-106; and
(c) apply the privileges in the Utah Rules of Evidence.
Enacted by Chapter 382, 2010 General Session