Haw. Code R. § 12-43-25 - Mediation in chapter 91, HRS, contested cases

(a) To the extent provided by law, the board may encourage parties to a contested case hearing under chapter 91, HRS, to participate in mediation before the hearing. The board may suspend all further proceedings in the contested case pending the outcome of the mediation.

(b) No mediation period shall exceed thirty days from the date the case is referred to mediation, unless otherwise extended by the board.

(c) The parties may jointly select a person to conduct the mediation. If the parties are unable to jointly select a mediator within ten days of the referral to mediation, the board shall select the mediator. All costs of the mediation shall be borne equally by the parties unless otherwise agreed, ordered by the board, or provided by law.

(d) No mediation statements or settlement offers tendered shall be admitted into any subsequent proceedings involving the case, including the contested case hearing or a court proceeding.

(e) No preparatory meetings, briefings, or mediation sessions under this section shall constitute a meeting under section 92-2, HRS. Any mediator notes under this section shall be exempt from section 92-21, HRS and chapter 92F, HRS. Section 91-10, HRS, shall not apply to these mediation proceedings.

Notes

Haw. Code R. § 12-43-25

Eff 10/21/2022 (Auth: HRS §§ 89-5, 396-11.5) (Imp: HRS §§ 89-5, 91-8.5, 396-11.5)