§ 3320.Authority of Tribunal In Case of Noncompliance
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets a tribunal treat a defective participation agreement as valid, and apply the act's disqualification and privilege rules anyway, if the parties signed a record showing intent to enter collaborative law and reasonably believed they were participating in the process.
A.If an agreement fails to meet the requirements of Section 4 of this act, or a lawyer fails to comply with Section 14 or 15 of this act, 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 of this section, and the interests of justice require, the tribunal may:
1.Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
2.Apply the disqualification provisions of Sections 5, 6, 9, 10, and 11 of this act; and
Section 3320 is a safety net for imperfect paperwork. If a participation agreement doesn't meet Section 3304's requirements, or a lawyer skipped the advisories required by Section 3314 or 3315, a tribunal can still find that the parties intended to enter a collaborative law participation agreement -- as long as they signed a record showing that intent and reasonably believed they were participating in a collaborative process.
Once the tribunal makes that finding, and the interests of justice call for it, the tribunal may enforce the agreement that resulted from the flawed process, apply the disqualification rules in Sections 3305, 3306, 3309, 3310, and 3311, and apply the privilege under Section 3317 -- treating the defective process, in effect, as if it had complied with the act all along.
Frequently Asked Questions
What if my collaborative law agreement was missing something the statute requires?
A tribunal can still find that the parties intended to enter a collaborative law participation agreement if they signed a record showing that intent and reasonably believed they were participating in the process.
Does that mean the disqualification rules still apply even with a defective agreement?
Yes, if the tribunal makes the required findings and the interests of justice call for it, it may apply the disqualification provisions and the privilege the same as if the agreement had fully complied.
Can a tribunal enforce an agreement reached through a flawed collaborative process?
Yes, if the tribunal finds the parties signed a record showing intent to participate and reasonably believed they were doing so, it may enforce the agreement resulting from that process.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:defective collaborative law agreement oklahoma12 O.S. § 3320tribunal authority noncompliance collaborative law act