§658G-20 Authority of tribunal in case of noncompliance. (a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, 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 658G-5, 658G-6, 658G-9, 658G-10, and 658G-11; and
(3) Apply the privilege under section 658G-17. [L 2012, c 207, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658G. Hawaii Uniform Collaborative Law Act
658G-4 Collaborative law participation agreement; requirements.
658G-5 Beginning and concluding a collaborative law process.
658G-6 Proceedings pending before tribunal; status report.
658G-8 Approval of agreement by tribunal.
658G-9 Disqualification of collaborative lawyer and lawyers in associated law firm.
658G-11 Governmental entity as party.
658G-12 Disclosure of information.
658G-13 Standards of professional responsibility and mandatory reporting not affected.
658G-14 Appropriateness of collaborative law process.
658G-15 Coercive or violent relationship.
658G-16 Confidentiality of collaborative law communication.
658G-17 Privilege against disclosure for collaborative law communication; admissibility; discovery.
658G-18 Waiver and preclusion of privilege.
658G-20 Authority of tribunal in case of noncompliance.
658G-21 Uniformity of application and construction.
658G-22 Relation to Electronic Signatures in Global and National Commerce Act.