Volunteer Settlement Master (VSM) Process

The Family Court of the First Judicial Circuit and the Family Law Section of the Hawai`i State Bar Association have together collaborated to develop a new Volunteer Settlement Master (VSM) process to help divorcing couples settle their financial and other issues.

Licensed attorney members of the Family Law Section may apply to be a VSM. The Senior Judge of the Family Court will select and appoint the VSMs. So far, approximately 50 family law attorneys have been selected to serve as VSMs.

The Family Court will assign a VSM to divorcing couples with whom the Family Court has a conference to set a case for trial. Cases involving restraining orders or domestic violence allegations will not go through the VSM process.

The couple will be required to organize their financial paperwork before the meeting with the VSM, to better prepare the VSM to help the couple. The VSM will meet with the divorcing couple and their attorneys for up to 3.5 hours, or longer, to give them an opportunity to express their points of view. The VSM will not take sides or make decisions for the parties. Instead, using his or her skills and experience as a family law attorney, the VSM will try to help the parties reach an agreement that is fair, and that everyone can accept. The VSM guides the process; the parties create the agreement.

The VSM process is confidential. Subject only to the provisions of the Hawai`i Rules of Professional Conduct and the Hawai`i Rules of Evidence, all communications among and between the master, the parties, and their attorneys will not be disclosed to the Family Court or anyone else. After the meeting is over, the VSM will send a report to the Family Court saying whether there was a meeting, who attended, and whether the case settled. The VSM will not tell the court anything else about the VSM meeting.

There is no cost to the divorcing couple for the services of the VSM. The VSM will give the divorcing couple and their attorneys a questionnaire to fill out and return to the Judiciary so they can write about their experience.

An oversight committee has been formed to monitor the success of the VSM process. Committee members include Judge R. Mark Browning, Everett Cuskaden, Bill Darrah, Greg Frey, Jim Hoenig, Elizabeth Kent, Charlene Norris, Judy Schevtchuk, Tracey Wiltgen, and Trina Yamada.

Questions or comments about the VSM process should be directed to the Hawai`i State Judiciary's Center for Alternative Dispute Resolution at 539-4ADR(4237).