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HI HB418

Bill

Status

Engrossed

3/5/2013

Primary Sponsor

Mark Nakashima

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Establishes Hawaii's Uniform Mediation Act by creating a new chapter in the Hawaii Revised Statutes to govern mediation processes and confidentiality.

  • Defines mediation as a process where a mediator facilitates communication between parties to reach voluntary agreements, explicitly excluding traditional Hawaiian dispute resolution practices like hooponopono and ifoga.

  • Provides mediation communications privilege protecting statements made during mediation from discovery and use as evidence in proceedings, with specific exceptions for crimes, abuse/neglect cases, and professional misconduct claims.

  • Requires mediators to disclose conflicts of interest and known facts that could affect impartiality before accepting a mediation, and prohibits mediators from reporting assessments or recommendations to courts or agencies without party agreement.

  • Takes effect July 1, 2013 for mediation referrals and agreements made on or after that date, and applies to all mediation agreements made on or after January 1, 2014.

Legislative Description

Uniform Mediation Act

Last Action

Referred to JDL.

3/7/2013

Committee Referrals

Judiciary and Labor3/7/2013
Judiciary1/22/2013

Full Bill Text

No bill text available