(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2) reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and
(3) apply any privilege under law.
Structure Code of Alabama
Article 1 - Settlement of Controversies.
Division 4 - Alabama Uniform Collaborative Law Act.
Section 6-6-26.01 - Definitions.
Section 6-6-26.02 - Applicability.
Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements.
Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process.
Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report.
Section 6-6-26.06 - Emergency Order.
Section 6-6-26.07 - Approval of Agreement by Tribunal.
Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
Section 6-6-26.09 - Low Income Parties.
Section 6-6-26.10 - Governmental Entity as Party.
Section 6-6-26.11 - Disclosure of Information.
Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
Section 6-6-26.13 - Appropriateness of Collaborative Law Process.
Section 6-6-26.14 - Coercive or Violent Relationship.
Section 6-6-26.15 - Confidentiality of Collaborative Law Communication.
Section 6-6-26.17 - Waiver and Preclusion of Privilege.
Section 6-6-26.18 - Limits of Privilege.
Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.
Section 6-6-26.20 - Uniformity of Application and Construction.
Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.