RSA 490-J:16: Authority of Court in Case of Noncompliance.

Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 490-J:15 when the court concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:

I. The parties signed a document indicating an intent to enter into a collaborative law participation agreement;

II. The parties reasonably believed they were participating in a collaborative law process; and

III. The interests of justice require finding that the parties were participating in collaborative law process.