                                 CODE OF VIRGINIA

AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE (§ 20-185)

A. If a collaborative law participation agreement fails to meet the requirements
of &#xA7; 20-170, or a lawyer fails to comply with &#xA7; 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 &#xA7; 20-175, and
(iii) apply a privilege under &#xA7; 20-182.

HISTORY: 2021, Sp. Sess. I, c. 346.