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Guidelines for Hawai`i Mediators

(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba Jr.)

By resolution filed April 22, 1986, this court endorsed the Standards for Private and Public Mediators in the State of Hawai`i (Standards). The Hawai`i Chapter of the Association for Conflict Resolution has reviewed the Standards and suggests revisions that more accurately reflect the aspirational and voluntary nature of the Standards, including renaming of the Standards to Guidelines for Hawai`i Mediators (Guidelines). It appears to this court that the revisions are appropriate and the Guidelines are significant aspirational guides to mediation in the State of Hawai`i. Therefore,

BE IT RESOLVED that this court endorses the Guidelines for Hawai`i Mediators, attached hereto, and encourages all mediators to make thoughtful use of the Guidelines. The Guidelines should be used with the understanding that adaptations of the Guidelines may be appropriate for particular kinds of disputes. The Guidelines are not promulgated as binding rules, and they are not intended to regulate the work of mediators.

DATED: Honolulu, Hawai`i. July 11, 2002

Reporter Note:

It was suggested that we prepare a rationale for all suggested changes to explain our thinking and facilitate public discussion as well as consideration by the Hawaii Supreme Court.

Reporter’s General Comments:

  • The term “guideline” has been used rather than “standard” to better reflect the voluntary nature of this document.
  • The term “should” has been used throughout rather than “shall”, “will” and other words to provide consistency and indicate the aspirational nature of these guidelines.
  • The term “participant” has been used rather than “disputant” (some may consider perjorative) or “party” (some may consider legalistic).
  • In a few places, a preference for written agreements has been indicated but it is recognized that some practitioners and participants do not do or want this.

Go to: I. Preamble and Background