Title 36, Civil Remedies And Defenses And Special Proceedings

[§658F-6] Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition …

[§658F-7] Effect of recognition of foreign-country judgment. If the court in a proceeding under section 658F-6 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of …

[§658F-8] Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is conclude…

[§658F-9] Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment beca…

[§658G-1] Short title. This chapter shall be known and may be cited as the "Hawaii Uniform Collaborative Law Act". [L 2012, c 207, pt of §1]

[§658G-10] Low income parties. (a) The disqualification of section 658G-9(a) applies to a collaborative lawyer representing a party with or without fee. (b) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified un…

[§658G-11] Governmental entity as party. (a) The disqualification of section 658G-9(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (b) After a collaborative law process concludes, another law…

[§658G-12] Disclosure of information. Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter with…

[§658G-13] Standards of professional responsibility and mandatory reporting not affected. This chapter does not affect: (1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) The obligation of a person to report…

[§658G-14] Appropriateness of collaborative law process. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collab…

[§658G-15] Coercive or violent relationship. (a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with a…

[§658G-16] Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this State other than this chapter. [L 2012, c 207, pt of §1]

[§658G-17] Privilege against disclosure for collaborative law communication; admissibility; discovery. (a) Subject to sections 658G-18 and 658G-19, a collaborative law communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence…

[§658G-18] Waiver and preclusion of privilege. (a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the no…

[§658G-19] Limits of privilege. (a) There is no privilege under section 658G-17 for a collaborative law communication that is: (1) Available to the public under chapter 92 or made during a session of a collaborative law process that is open, or is required by law to be open, to t…

[§658G-2] Definitions. As used in this chapter: "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and (2) Occurs after the par…

[§658G-20] Authority of tribunal in case of noncompliance. (a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative la…

[§658G-21] Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2012, c 207, pt of §1]

[§658G-22] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section …

[§658G-3] Applicability. This chapter applies to a collaborative law participation agreement that meets the requirements of section 658G-4 signed after July 1, 2012. [L 2012, c 207, pt of §1]

[§658G-4] Collaborative law participation agreement; requirements. (a) A collaborative law participation agreement shall: (1) Be in a record; (2) Be signed by the parties; (3) State the parties' intention to resolve a collaborative matter through a collaborative law process under…

[§658G-5] Beginning and concluding a collaborative law process. (a) A collaborative law process begins when the parties sign a collaborative law participation agreement. (b) A tribunal may not order a party to participate in a collaborative law process over that party's objection…

[§658G-6] Proceedings pending before tribunal; status report. (a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the t…

[§658G-7] Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or family or household member as defined in section 586-1. [L 2012, c 207, pt of §1]

[§658G-8] Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process. [L 2012, c 207, pt of §1]

[§658G-9] Disqualification of collaborative lawyer and lawyers in associated law firm. (a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative mat…

[§658H-1] Short title. This chapter may be cited as the Uniform Mediation Act. [L 2013, c 284, pt of §1]

[§658H-10] Participation in mediation. An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. [L 2013, c 284, pt of §1]

[§658H-11] International commercial mediation. (a) Except as provided in subsections (b) and (c), if a mediation is an international commercial mediation, the mediation is governed by the model law. (b) Unless the mediation parties agree in accordance with section 658H-3(c) that …

[§658H-12] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et seq.; provided that this chapter shall not m…

[§658H-13] Application to existing agreements or referrals. (a) This chapter shall govern a mediation pursuant to a referral for mediation or an agreement to mediate made on or after July 1, 2013. (b) On or after January 1, 2014, this chapter shall govern an agreement to mediate …

[§658H-2] Definitions. In this chapter: "International commercial mediation" means a process, whether referred to by the expression conciliation, mediation, or similar expression, whereby parties: (1) To an agreement to conciliation have, at the time of the conclusion of that agr…

§658H-3 Scope. (a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which: (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 arbi…

[§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 a…

[§658H-5] Waiver and preclusion of privilege. (a) A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) In the case of the privilege of a mediator, it is expressly waived by the …

[§658H-6] Exceptions to privilege. (a) There is no privilege under section 658H-4 for a mediation communication that is: (1) In an agreement evidenced by a record signed by all parties to the agreement; (2) Available to the public under chapter 92F or made during a session of a m…

[§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…

[§658H-8] Confidentiality. Unless subject to disclosure pursuant to part I of chapter 92 or chapter 92F, mediation communications are confidential to the extent agreed by the mediation parties or provided by other law or rule of this State. [L 2013, c 284, pt of §1]

[§658H-9] Mediator's disclosure of conflicts of interest; background. (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that …

[§658J-1] Short title. This chapter may be cited as the Uniform Family Law Arbitration Act. [L 2017, c 113, pt of §1]

[§658J-10] Party participation. (a) A party may: (1) Be represented in an arbitration by an attorney; (2) Be accompanied by an individual who will not be called as a witness nor act as an advocate; and (3) Participate in the arbitration to the full extent permitted under the law …

[§658J-11] Temporary order or award. (a) Before an arbitrator is selected and able to act, upon motion of a party, the court may enter a temporary order under chapter 580. (b) After an arbitrator is selected: (1) The arbitrator may make a temporary award under chapter 580; and (2…

[§658J-12] Protection of party or child. (a) As used in this section, "protection order" means an injunction or other order, issued under the domestic violence, family violence, stalking, or harassment laws of the issuing jurisdiction, to prevent an individual from engaging in a …

[§658J-13] Powers and duties of arbitrator. (a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the dispute. (b) An arbitrator shall provide each party a right to be heard, to present evidence m…

[§658J-14] Recording of hearing. (a) Except as provided in subsection (b) an arbitration hearing need not be recorded unless: (1) Otherwise required by law of this State other than this chapter; (2) Required by the arbitrator; (3) Provided by the arbitration agreement; or (4) Req…

[§658J-15] Award. (a) An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed upon by the parties or, if the parties have not agreed upon a method, under the law and procedur…