Public-domain · open source
OpenJurist

Haw. Rev. Stat. § 658G-20

Authority of tribunal in case of noncompliance

Known as the Hawaii Uniform Collaborative Law Act

The act spans §§ 658G-1 to 658G-9 (22 sections).

L 2012, c 207, pt of §1

(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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.