Michigan Laws 691.1350 – Authority of tribunal in case of noncompliance
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 691.1350
- Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Michigan Laws 691.1332
- Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers. See Michigan Laws 691.1332
- 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 Michigan Laws 691.1332
- Tribunal: means any of the following:
(i) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter. See Michigan Laws 691.1332
(1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply:
(a) The parties signed a record indicating an intention to enter into a collaborative law participation agreement.
(b) The parties reasonably believed they were participating in a collaborative law process.
(2) If a tribunal makes the findings specified in subsection (1), and the interests of justice require, the tribunal may do all of the following:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated.
(b) Apply the disqualification provisions of sections 5, 6, 9, 10, and 11.
(c) Apply a privilege under section 17.