658G-20]  Authority of tribunal in case of noncompliance.  (a)  If an agreement fails to meet the requirements of § 658G-4, or a lawyer fails to comply with § 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.

Terms Used In Hawaii Revised Statutes 658G-20

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

         (1)  Sign a collaborative law participation agreement; and

         (2)  Are represented by collaborative lawyers. See Hawaii Revised Statutes 658G-2

  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 658G-2
  • Tribunal: means :

         (1)  A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

         (2)  A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 658G-2

     (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 § 658G-17.