§658H-7 Prohibited mediator reports. (a) Except as agreed to in writing by the parties or as permitted in subsection (b), a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(b) A mediator may disclose:
(1) Whether a mediation occurred or has terminated, whether a settlement was reached, and attendance at the mediation;
(2) Mediation communication as permitted under section 658H-6; or
(3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment, except as prohibited under section 658H-6(a)(7).
(c) A report, assessment, evaluation, recommendation, finding, or other communication made in violation of subsection (a) shall not be considered by a court, administrative agency, or arbitrator. [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.