HRS §658G-20

When a court can enforce a flawed collaborative law agreement

Read the official text at capitol.hawaii.gov ↗

If a collaborative law agreement has mistakes or a lawyer did not follow certain rules, a court can still decide the parties meant to use collaborative law. This can happen if they signed a record showing that intent and reasonably believed they were in the process. The court may then enforce the agreement, apply lawyer disqualification rules, or apply a privilege.

courts

The statute, as written — A uthority of tribunal in case of noncompliance

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (1) Signed a record indicating an intention to enter into a collaborative law participation agreement; and (2) Reasonably believed they were participating in a collaborative law process. (b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may: (1) E nforce an agreement evidenced by a record resulting from the process in which the parties participated; (2) Apply the disqualification provisions of sections 658G‑5, 658G-6, 658G-9, 658G-10, and 658G-11; and (3) Apply the privilege under section 658G-17 .

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§658G-14 What a lawyer must do before you sign a collaborative law agreement

§658G-17 Keeping collaborative law talks private

§658G-4 What a collaborative law agreement must include

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.