Terms Used In Hawaii Revised Statutes 658G-2

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • 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 658G-2

  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 658G-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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 658G-2
  • 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 658G-2
  • 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 658G-2

  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 658G-2
  • Sign: means , with present intent, to authenticate or adopt a record:

    (1) To execute or adopt a tangible symbol; or

    (2) To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 658G-2

  • Tribunal: means :

    (1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

    (2) A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 658G-2

As used in this chapter:

“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.

“Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.

“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.

“Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.

“Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement.

“Law firm” means:

(1) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association;

(2) Lawyers employed in a legal services organization;

(3) Lawyers employed in the legal department of a corporation or other organization; or

(4) Lawyers employed in the legal department of a government or governmental subdivision, agency, or instrumentality.

“Nonparty participant” means a person, other than a party and the party’s collaborative lawyer, that participates in a collaborative law process.

“Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

“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.

“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.

“Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

“Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

“Sign” means, with present intent, to authenticate or adopt a record:

(1) To execute or adopt a tangible symbol; or

(2) To attach to or logically associate with the record an electronic symbol, sound, or process.

“Tribunal” means:

(1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or

(2) A legislative body conducting a hearing or similar process.

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