(1) If an agreement fails to meet the requirements of KRS 403.644, or a lawyer fails to comply with KRS 403.660 or 403.662, a court may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (a) Signed a r ecord 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 court makes the findings specified in subsection (1) of this section, and the interests of justice require, the court may: (a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated; (b) Apply the disqualification provisions of KRS 403.650, 403.652, and 403.654; and (c) Apply a privilege under KRS 403.664.
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