Best ADR Mediation & Arbitration Lawyers in Hawaii

About ADR Mediation & Arbitration Law in Hawaii, United States

Alternative Dispute Resolution (ADR) refers to processes such as mediation and arbitration that offer alternatives to traditional courtroom litigation. In Hawaii, ADR is widely used to resolve civil, family, commercial, employment, and other disputes efficiently and amicably. Mediation involves a neutral third party who helps the disputing parties reach a voluntary agreement, while arbitration is a more formal process where an arbitrator hears evidence and makes a binding or non-binding decision. Hawaii's courts often encourage or require ADR before scheduling trials, making these options a cornerstone of dispute resolution in the state.

Why You May Need a Lawyer

There are many situations where individuals or businesses may require legal assistance with ADR in Hawaii. You might need a lawyer if:

• You are involved in a contract dispute with an ADR clause requiring mediation or arbitration
• You want to understand the implications and enforceability of an ADR agreement
• A business relationship has broken down, and you prefer to avoid litigation
• You need guidance preparing for mediation or arbitration sessions
• Your case involves complex legal, financial, or family matters
• You want to ensure a fair negotiation and protection of your interests
• You need to enforce or challenge an arbitration award in court
• There is a dispute about the neutrality of a mediator or arbitrator
• The other party has legal representation and you want equal footing
• You are unfamiliar with Hawaii's specific ADR laws and procedures

Local Laws Overview

In Hawaii, ADR processes are governed by state statutes and court rules. The Hawaii Revised Statutes (HRS), especially Chapter 658A (Uniform Arbitration Act), lay out the framework for arbitration agreements, procedures, and enforcement. Mediation is frequently used by Hawaii’s Judiciary, particularly in family and civil cases, under programs like the Center for Alternative Dispute Resolution. Most contracts in Hawaii may include mediation or arbitration clauses that are typically enforceable unless found unconscionable or contrary to public policy.

Local court rules may require parties to attempt ADR before a trial is scheduled, especially in civil and family matters. The confidentiality of communications in mediation is protected, with limited exceptions. There are also specific rules regarding the selection and qualifications of mediators and arbitrators in Hawaii.

Frequently Asked Questions

What is the difference between mediation and arbitration?

Mediation is a voluntary process where a neutral person helps parties negotiate a mutually acceptable solution. Arbitration involves a third party who hears evidence and makes a decision, which can be binding or non-binding.

Are mediation and arbitration legally binding in Hawaii?

Mediation agreements are usually enforceable if both parties sign a written settlement. Arbitration can be binding or non-binding, depending on the agreement. If binding, the decision is enforceable in court under Hawaii law.

Is ADR required by law in Hawaii?

Some Hawaii courts require parties to attempt mediation or another ADR process before proceeding to court trial, especially in family and civil cases. Arbitration may be required by contract.

How are mediators and arbitrators selected in Hawaii?

Parties may agree on a mediator or arbitrator. If no agreement is reached, a court or ADR provider may appoint one, especially in court-ordered ADR cases.

What types of disputes can be resolved through ADR in Hawaii?

ADR can resolve a wide range of disputes, including business, employment, construction, real estate, family (divorce, child custody), consumer, and personal injury cases.

Is ADR confidential in Hawaii?

Mediation is confidential under Hawaii law, with limited exceptions such as threats of harm or disclosures required by law. Arbitration proceedings may be less confidential, depending on the rules governing the arbitration.

How long does the ADR process take?

The timeline varies, but ADR is generally faster than traditional litigation. Mediation can often be completed within weeks or months, while arbitration may take longer depending on case complexity.

How much does ADR cost in Hawaii?

Costs vary based on the mediator or arbitrator’s fees, the complexity of the dispute, and location. ADR is usually less expensive than court litigation. Some court-annexed programs offer reduced rates or no cost.

Can I bring a lawyer to mediation or arbitration?

Yes, you can have a lawyer represent you or provide advice during both mediation and arbitration in Hawaii. Legal representation is often recommended for complex or high-value disputes.

What happens if we do not reach an agreement through ADR?

If mediation does not lead to a settlement, you may proceed to arbitration (if agreed) or litigation in court. If an arbitration award is issued, parties may have limited grounds to challenge it in court.

Additional Resources

People seeking more information or assistance with ADR mediation and arbitration in Hawaii can consult:

• Hawaii State Judiciary Center for Alternative Dispute Resolution
• Hawaii State Bar Association Lawyer Referral and Information Service
• Hawaii Revised Statutes, especially Chapter 658A (Uniform Arbitration Act)
• Neighborhood Justice Center of Honolulu
• American Arbitration Association Hawaii Division
• Legal Aid Society of Hawaii
• Local law libraries for statutes and court rules

Next Steps

If you are considering ADR or are already involved in mediation or arbitration in Hawaii, start by reviewing any agreements or clauses related to ADR in your contracts. Gather all relevant documents and details about your dispute. Consider consulting with a Hawaii attorney who specializes in ADR to discuss the best approach, protect your interests, and ensure compliance with local laws. If court action has already begun, comply with all court-ordered ADR requirements and consult with legal counsel for guidance. Taking these steps will help you resolve your dispute efficiently and in accordance with Hawaii law.