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HRS §580-41.5

Battered spouses; exemption from mediation in divorce proceedings

In divorce or child custody cases involving family violence, a victim cannot be forced into mediation against their will. If mediation happens, the mediator must check for abuse and follow safety rules, including letting the victim bring a support person. A protective order also blocks forced mediation.

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The statute, as written — Battered spouses; exemption from mediation in divorce proceedings

(a) In contested divorce proceedings where there are allegations of spousal abuse, the court shall not require a party alleging the spousal abuse to participate in any component of any mediation program against the wishes of that party. (b) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of family violence between the parties. A mediator shall not engage in mediation when it appears to the mediator or when either party asserts that family violence has occurred unless: (1) Mediation is authorized by the victim of the alleged family violence; (2) Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and (3) The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate. (c) In a proceeding concerning the custody or visitation of a child, if a protective order is in effect, the court shall not require a party alleging family violence to participate in any component of any mediation program against the wishes of that party. (d) In a proceeding concerning the custody or visitation of a child, if there is an allegation of family violence and a protective order is not in effect, the court may order mediation or refer either party to mediation only if: (1) Mediation is authorized by the victim of the alleged family violence; (2) Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and (3) The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate. If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.