{"data":{"id":"us-hi/haw.-rev.-stat.-658h-3","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 658H-3","heading":"Scope.","body":"(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:\n\n(1) The mediation parties are required to mediate by statute or court or administrative rule or referred to mediation by a court, administrative agency, or arbitrator;\n\n(2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or\n\n(3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person who holds himself or herself out as providing mediation.\n\n(b) This chapter shall not apply to a mediation:\n\n(1) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;\n\n(2) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of a dispute that has been filed with an administrative agency or court;\n\n(3) Conducted by a judge on a case; or\n\n(4) Conducted under the auspices of:\n\n(A) A primary or secondary school if all the mediation parties are students; or\n\n(B) A correctional institution for youths if all the mediation parties are residents of that institution.\n\n(c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 658H-4 through 658H-6 shall not apply to the mediation or part agreed upon. However, sections 658H-4 through 658H-6 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the mediation communication is made.","path":["HI Code","Division 4","Title 36","Chapter 658H"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0658H/HRS_0658H-0003.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"9b6efcadd02b276a3acf96b62749969a78313ecd7c5e38e82f28d12e2cf4aeca","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-658h-2","next":"us-hi/haw.-rev.-stat.-658h-4"},"notice":"GroundRules: Original legal text. Not legal advice."}