[ 658H-7]  Prohibited mediator reports.  (a)  Except as agreed to in writing by the parties or as permitted in subsection (b), a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.

Terms Used In Hawaii Revised Statutes 658H-7

  • 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.

     (b)  A mediator may disclose:

     (1)  Whether a mediation occurred or has terminated, whether a settlement was reached, and attendance at the mediation;

     (2)  Mediation communication as permitted under section 658H-6; or

     (3)  A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment, except as prohibited under section 658H-6(a)(7).

     (c)  A report, assessment, evaluation, recommendation, finding, or other communication made in violation of subsection (a) shall not be considered by a court, administrative agency, or arbitrator.