Are there laws governing mediation?

Yes, there are laws governing mediation in Hawaii. The Hawaii Mediation Act (HMA) is the primary legislation regulating mediation services in the state. This act establishes the legal framework for mediation and establishes guidelines to ensure that the process is fair and works for both sides in a dispute. The HMA defines mediation as a process in which an impartial third party assists other parties in resolving a dispute through facilitated communication. It also outlines the qualifications that a mediator must possess in order to be certified by the state, as well as what mediation services must include. Furthermore, the HMA sets out some requirements regarding the confidential nature of the mediation process. The confidentiality of settlement discussions and documents, as well as the parties’ identities, must be protected throughout the mediation process. In addition, the HMA provides that mediation sessions may be recorded and that certain court processes, such as the filing of a lawsuit, are stayed during the mediation period. This allows for more time to reach a settlement without the worry of further legal action. In sum, the HMA is the primary legislation that governs mediation services in Hawaii. It outlines the qualifications of mediators, protections for confidential information, and processes for recording mediation sessions. As a result, the mediation process is regulated and works to the benefit of all parties involved.

Related FAQs

What types of agreements can be reached through mediation?
When should mediation be used instead of litigation?
Are there any restrictions on the topics that can be discussed in mediation?
What happens if the parties cannot reach an agreement in mediation?
What types of cases can be mediated?
What are the consequences if the parties do not comply with the mediated agreement?
What is the role of the mediator in protecting the rights of the parties?
How long does the mediation process typically take?
How can parties prepare for mediation?
Can mediation be used to address property disputes?

Are there laws governing mediation?

Related FAQs

Related Blog Posts