(1) If an agreement fails to meet the requirements of section 4, or a lawyer fails to comply with section 14 or 15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if both of the following apply:

    (a) The parties signed a record indicating an intention to enter into a collaborative law participation agreement.

    (b) The parties 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 do all of the following:

    (a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated.

    (b) Apply the disqualification provisions of sections 5, 6, 9, 10, and 11.

    (c) Apply a privilege under section 17.