NRS 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: Section 38.565 — Authority of tribunal in case of noncompliance., https://www.­leg.­state.­nv.­us/NRS/NRS-038.­html#NRS038Sec565.

38.400
Short title. 38.405
Definitions. 38.410
“Collaborative law communication” defined. 38.415
“Collaborative law participation agreement” defined. 38.420
“Collaborative law process” defined. 38.425
“Collaborative lawyer” defined. 38.430
“Collaborative matter” defined. 38.435
“Law firm” defined. 38.440
“Nonparty participant” defined. 38.445
“Party” defined. 38.450
“Person” defined. 38.455
“Proceeding” defined. 38.460
“Prospective party” defined. 38.465
“Record” defined. 38.470
“Related to a collaborative matter” defined. 38.475
“Sign” defined. 38.480
“Tribunal” defined. 38.485
Requirements for collaborative law participation agreement 38.490
Collaborative law process: Commencement 38.495
Participation agreement by persons in proceeding pending before tribunal 38.500
Emergency order. 38.505
Approval of agreement by tribunal. 38.510
Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings. 38.515
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties. 38.520
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity. 38.525
Disclosure of information during process. 38.530
Obligations and standards of professional responsibility and mandatory reporting not affected. 38.535
Required assessment and disclosures regarding process by prospective collaborative lawyer. 38.540
Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties. 38.545
Confidentiality of collaborative law communication. 38.550
Privilege against disclosure of collaborative law communication 38.555
Waiver and preclusion of privilege. 38.560
Limits of privilege. 38.565
Authority of tribunal in case of noncompliance. 38.570
Applying and construing Uniform Act to promote uniformity. 38.575
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Feb. 5, 2021

§ 38.565’s source at nv​.us