A. If an agreement fails to meet the requirements of R.S. 9:377.4, or if a lawyer fails to comply with R.S. 9:377.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative family law participation agreement if the parties: (1) Signed a record indicating an intention to enter into a collaborative family law participation agreement. (2) Reasonably believed that the parties were participating in a collaborative family law process. B. If a tribunal makes the findings specified in Subsection A of this Section, and the interests of justice require, the tribunal may do the following: (1) Enforce an agreement evidenced by a record resulting from the process in which the parties participated. (2) Apply the disqualification provisions of R.S. 9:377.5, 377.6, 377.9, 377.10, and 377.11. (3) Apply a privilege in accordance with R.S. 9:377.16.
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