§658H-3  Scope.  (a)  Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:

     (1)  The mediation parties are required to mediate by statute or court or administrative rule or referred to mediation by a court, administrative agency, or arbitrator;

     (2)  The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or

     (3)  The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person who holds himself or herself out as providing mediation.

Terms Used In Hawaii Revised Statutes 658H-3

  • Statute: A law passed by a legislature.

     (b)  This chapter shall not apply to a mediation:

     (1)  Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;

     (2)  Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of a dispute that has been filed with an administrative agency or court;

     (3)  Conducted by a judge on a case; or

     (4)  Conducted under the auspices of:

          (A)  A primary or secondary school if all the mediation parties are students; or

          (B)  A correctional institution for youths if all the mediation parties are residents of that institution.

     (c)  If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 658H-4 through 658H-6 shall not apply to the mediation or part agreed upon.  However, sections 658H-4 through 658H-6 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the mediation communication is made.