Haw. Code R. § 13-167-90 - Confidentiality

(a) Confidential information disclosed to a mediator by any party in the course of the mediation shall not be divulged by the mediator to anyone including other parties to the mediation. All records, reports, or other documents received by a mediator while serving in such capacity shall be confidential. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any administrative proceedings or judicial forum.

(b) The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitrable, judicial, administrative, or other proceeding:

(1) views expressed or suggestions made by any other party with respect to a possible settlement of any disputed issue;

(2) statements or admissions made by any other party in the course of mediation proceedings;

(3) proposals made or views expressed by the mediator; or

(4) the fact that the other party had or had not indicated willingness to accept a proposal for settlement made by the mediator.

(c) There shall be no stenographic record or electronic recordation of the mediation process.

Notes

Haw. Code R. § 13-167-90

[Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS § 91-2)