[§658H-2]  Definitions.  In this chapter:

Terms Used In Hawaii Revised Statutes 658H-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.
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

     “International commercial mediation” means a process, whether referred to by the expression conciliation, mediation, or similar expression, whereby parties:

     (1)  To an agreement to conciliation have, at the time of the conclusion of that agreement, their places of business in different countries; or

     (2)  Who have their places of business in a country that is different from either the country in which a substantial part of the obligations of the commercial relationship is to be performed or the country with which the subject matter of the dispute is mostly closely connected,

request a third person or persons, who do not have the authority to impose upon the parties a solution to the dispute, to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship.

     “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

     “Mediation communication” means a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

     “Mediation party” means a person who participates in a mediation and whose agreement is necessary to resolve the dispute.

     “Mediator” means an individual who conducts a mediation.

     “Model law” means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on June 24, 2002, and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated November 19, 2002.

     “Nonparty participant” means a person, other than a party or mediator, who participates in a mediation.

     “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

     “Proceeding” means:

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

     (2)  A legislative hearing or similar process.

     “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.

     “Sign” means to:

     (1)  Execute or adopt a tangible symbol with the present intent to authenticate a record; or

     (2)  Attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.