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HI HB418
Bill
Status
3/5/2013
Primary Sponsor
Mark Nakashima
Click for details
AI Summary
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Establishes Hawaii's Uniform Mediation Act by creating a new chapter in the Hawaii Revised Statutes to govern mediation processes and confidentiality.
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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.
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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.
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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.
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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