(a) If an agreement fails to meet the requirements of § 16-4004, or a lawyer fails to comply with § 16-4014 or § 16-4015, the 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 the tribunal makes the findings specified in subsection (a) of this section, 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 §§ 16-4009, 16-4010, and 16-4011; and
(3) Apply a privilege under § 16-4017.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Uniform Law: This section is based on § 20 of the Uniform Collaborative Law Act.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 40 - Collaborative Law; Uniform Act
§ 16–4004. Collaborative law participation agreement; requirements
§ 16–4005. Beginning and concluding collaborative law process
§ 16–4006. Proceedings pending before tribunal; status report
§ 16–4008. Approval of agreement by tribunal
§ 16–4009. Disqualification of collaborative lawyer and lawyers in associated law firm
§ 16–4011. Governmental entity as party
§ 16–4012. Disclosure of information
§ 16–4013. Standards of professional responsibility and mandatory reporting not affected
§ 16–4014. Appropriateness of collaborative law process
§ 16–4015. Coercive or violent relationship
§ 16–4016. Confidentiality of collaborative law communication
§ 16–4018. Waiver and preclusion of privilege
§ 16–4019. Limits of privilege
§ 16–4020. Authority of tribunal in case of noncompliance
§ 16–4021. Uniformity of application and construction
§ 16–4022. Relation to Electronic Signatures in Global and National Commerce Act