Rule 1-128.13. Authority of tribunal in case of noncompliance.

Notwithstanding a failure to comply with Rules 1-128.1, -128.9, or -128.10 NMRA, a tribunal may enforce an agreement, apply the disqualification provisions of Rule 1-128.6 NMRA, or apply a privilege under Rule 1-128.12 NMRA when the tribunal 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: A. the parties signed a record indicating an intent to enter into a collaborative law participation agreement; B. the parties reasonably believed they were participating in a collaborative law process; and C. the interests of justice require finding that the parties were participating in a collaborative law process.