Uniform Mediation Act
Hawaii · Uniform Mediation Act · §§ 658H-1 to 658H-9 · 13 sections
Overview
The Uniform Mediation Act governs the confidentiality of mediation proceedings, establishing an evidentiary privilege that allows mediation participants to refuse to disclose — and to prevent others from disclosing — communications made during a mediation, whether in court, in discovery, or in other proceedings. It defines which disputes and participants fall within its coverage, sets out how the privilege may be waived or forfeited, and carves out exceptions where the interest in disclosure outweighs confidentiality. It also imposes duties on mediators, barring them from reporting on the substance of a mediation to a court or other tribunal and requiring them to disclose conflicts of interest and, on request, their qualifications before serving.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 2018 SD 32 - Winegeart v. Winegeart
Sections covered
- Haw. Rev. Stat. § 658H-1Short title
- Haw. Rev. Stat. § 658H-10Participation in mediation
- Haw. Rev. Stat. § 658H-11International commercial mediation
- Haw. Rev. Stat. § 658H-12Relation to Electronic Signatures in Global and National Commerce Act
- Haw. Rev. Stat. § 658H-13Application to existing agreements or referrals1 cite
- Haw. Rev. Stat. § 658H-2Definitions
- Haw. Rev. Stat. § 658H-3Scope
- Haw. Rev. Stat. § 658H-4Privilege against disclosure; admissibility; discovery
- Haw. Rev. Stat. § 658H-5Waiver and preclusion of privilege
- Haw. Rev. Stat. § 658H-6Exceptions to privilege
- Haw. Rev. Stat. § 658H-7Prohibited mediator reports1 cite
- Haw. Rev. Stat. § 658H-8Confidentiality
- Haw. Rev. Stat. § 658H-9Mediator's disclosure of conflicts of interest; background
Enacted in other states
Idaho, Illinois, New Jersey, South Dakota, Vermont, Washington
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