Haw. App. Med. Prog. R. 5

As amended through June 28, 2024

Rule 5 - The Mediator

(a) Authorization to serve as volunteer mediator. The supreme court may authorize retired justices and judges and retired or semi-retired attorneys to serve as mediators. Authorized mediators shall work as volunteers and shall serve at the pleasure of the supreme court. When necessary, the administrator of the program and the Director of the Center for Alternative Dispute Resolution may serve as mediators.

(b) Assignment by program. Except as provided by section (c), the program administrator or the administrator's designee shall assign a volunteer mediator to each case selected for appellate mediation. The parties will not be charged for the services of mediators assigned by the program.

(c) Selection by parties. The parties may jointly select any person to serve as a mediator, including a person who is not appointed as a volunteer mediator under section (a). If the parties select the mediator, the parties are responsible for any fees charged by the mediator and all costs incurred.

(d) Application of Program Rules. Without regard to the manner assigned or selected, the mediator shall operate under the program rules.

Haw. App. Med. Prog. R. 5

As amended and effective 2/26/1996; further amended September 7, 2011, effective 1/1/2012.

COMMENTARY:

Hawai'i is fortunate to have an invaluable resource in the form of highly respected retired justices and judges, and semi-retired and retired counsel. These persons make a tremendous contribution to the program, and with their work the program continues to build a solid reputation and is successful. Therefore, the program relies on these volunteers to serve as court-appointed mediators. To avoid any potential conflicts of interest, all court-appointed mediators will be either retired or semi-retired. Additionally, they shall have received training in mediation and alternative dispute resolution techniques. When necessary, and with the prior consent of the parties, the administrator of the program and the Director of the Center for ADR may be appointed by the program to serve as mediators.

The parties have the option of jointly selecting their own mediator. Whereas all court-appointed mediators are either attorneys or judges, under this option the parties may select anyone upon whom they jointly agree. When the parties choose the mediator, they are responsible for paying the mediator for his/her services. The mediator selected shall follow the program rules.