Nevada Remedies; Special Actions and Proceedings

Sec. § 38.565
Authority of tribunal in case of noncompliance.


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.
Source

Last accessed
Feb. 5, 2021