§658H-4 Privilege against disclosure; admissibility; discovery. (a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 658H-5.
(b) In a proceeding, the following privileges apply:
(1) A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication;
(2) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator; and
(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. [L 2013, c 284, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658H-4 Privilege against disclosure; admissibility; discovery.
658H-5 Waiver and preclusion of privilege.
658H-6 Exceptions to privilege.
658H-7 Prohibited mediator reports.
658H-9 Mediator's disclosure of conflicts of interest; background.
658H-10 Participation in mediation.
658H-11 International commercial mediation.
658H-12 Relation to Electronic Signatures in Global and National Commerce Act.