Authority of tribunal in case of noncompliance

Code of Virginia

Section: 20-185

Jurisdiction: VA

Bluebook Citation: Va. Code § 20-185

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 .

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