Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS |
CHAPTER38. Mediation and Arbitration |
COLLABORATIVE LAW (UNIFORM ACT) |
NRS38.565. Authority of tribunal in case of noncompliance.
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1. If a collaborative law participation agreement fails to meet the requirements of NRS 38.485, or if a prospective collaborative lawyer fails to comply with NRS 38.535 or 38.540, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if the parties:
(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) 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:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of NRS 38.510, 38.515 and 38.520; and
(c) Apply the privileges under NRS 38.550.
(Added to NRS by 2011, 190)