Haw. App. Med. Prog. R. 1

As amended through June 28, 2024

Rule 1 - Goals; Scope

The Hawai'i Appellate Mediation Program ("program") is established herewith pursuant to Rules 3.1 and 33 of the Hawai'i Rules of Appellate Procedure to provide an alternative means for resolving civil appeals. A goal of the program is to enhance public confidence in the court system. To the extent resources are available, this program will provide parties a forum and process to:

(a) realistically consider the possibility of settlement of the entire case or issues in the case;

(b) discuss limiting and simplifying the issues on appeal;

(c) discuss briefing schedules, the content of the record, and other pertinent matters;

(d) take actions that may reduce costs; and

(e) aid the speedy and just resolution of the case.

Haw. App. Med. Prog. R. 1

As amended September 7, 2011, effective 1/1/2012.

COMMENTARY:

The main objective of the program is to provide an alternative to litigation to parties who have filed an appeal. This objective is met by providing parties with a neutral place and process for resolving pending cases in total or, alternatively, issues within the case. Through this process, parties and the mediator explore various solutions to the issues. Cases that settle will be dismissed.

Early resolution of cases on appeal benefits both the settling parties and the court. Settling parties benefit through a private resolution of their cases without the need for further time-consuming and often expensive litigation in the appellate courts. Reducing the courts' case load allows the courts to resolve other cases more quickly and to decrease case processing time. The program also assists parties in simplifying, clarifying, and, when possible, reducing the issues raised on appeal. This promotes speedier resolution of those cases that remain before the court.