658G-17]  Privilege against disclosure for collaborative law communication; admissibility; discovery.  (a)  Subject to sections 658G-18 and 658G-19, a collaborative law communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence.

Terms Used In Hawaii Revised Statutes 658G-17

  • Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, that:

         (1)  Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

         (2)  Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. See Hawaii Revised Statutes 428-108

  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

         (1)  Sign a collaborative law participation agreement; and

         (2)  Are represented by collaborative lawyers. See Hawaii Revised Statutes 428-108

  • Nonparty participant: means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. See Hawaii Revised Statutes 428-108
  • Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 428-108
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 428-108
  • Proceeding: means :

         (1)  A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

         (2)  A legislative hearing or similar process. See Hawaii Revised Statutes 428-108

     (b)  In a proceeding, the following privileges apply:

     (1)  A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.

     (2)  A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

     (c)  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.