A. If a collaborative law participation agreement fails to meet the requirements of § 20-170, or a lawyer fails to comply with § 20-179 or 20-180, a tribunal may nevertheless find that the parties intended to enter into a collaborative law participation agreement if they (i) signed a record indicating an intention to enter into a collaborative law participation agreement and (ii) 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 (i) enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated, (ii) apply the disqualification provisions of § 20-175, and (iii) apply a privilege under § 20-182.
2021, Sp. Sess. I, c. 346.
Structure Code of Virginia
Chapter 11 - Uniform Collaborative Law Act
§ 20-170. Collaborative law participation agreement; requirements
§ 20-171. Beginning and concluding collaborative law process
§ 20-172. Proceedings pending before tribunal; status report
§ 20-174. Affirmation of agreement by tribunal
§ 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception
§ 20-176. Low-income parties; exception from imputed disqualification
§ 20-177. Disclosure of information
§ 20-178. Standards of professional responsibility and mandatory reporting not affected
§ 20-179. Appropriateness of collaborative law process
§ 20-180. History of family abuse
§ 20-181. Confidentiality of collaborative law communication
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery
§ 20-183. Waiver and preclusion of privilege
§ 20-185. Authority of tribunal in case of noncompliance
§ 20-186. Uniformity of application and construction
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act