1-660. Authority of tribunal in case of noncompliance.
(a) If an agreement fails to meet the requirements of G.S. 1-644 or a lawyer fails to comply with G.S. 1-654, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they did both of the following:
(1) Signed a record indicating an intention to enter into a collaborative law participation agreement.
(2) Reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a) of this section and the interests of justice require, the tribunal may do all of the following:
(1) Enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated.
(2) Apply the disqualification provisions in G.S. 1-645, 1-646, 1-647, 1-649, 1-650, and 1-651.
(3) Apply a privilege under G.S. 1-657. (2020-65, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 53 - Uniform Collaborative Law Act.
§ 1-643 - Applicability; restrictions.
§ 1-644 - Collaborative law participation agreement; requirements.
§ 1-645 - Beginning and concluding collaborative law process; tolling of time periods.
§ 1-646 - Proceedings pending before tribunal; status report.
§ 1-648 - Approval of agreement by tribunal.
§ 1-649 - Disqualification of collaborative lawyer and lawyers in associated law firm.
§ 1-651 - Governmental entity as party.
§ 1-652 - Disclosure of information.
§ 1-653 - Standards of professional responsibility not affected.
§ 1-655 - No liability for decision to participate.
§ 1-656 - Confidentiality of collaborative law communication.
§ 1-658 - Waiver and preclusion of privilege.
§ 1-659 - Limits of privilege.
§ 1-660 - Authority of tribunal in case of noncompliance.
§ 1-661 - Alternative dispute resolution permitted.
§ 1-662 - Uniformity of application and construction.
§ 1-663 - Relation to Electronic Signatures in Global and National Commerce Act.