Hawaii Revised Statutes 658G-20 – Authority of tribunal in case of noncompliance
[§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.