HRS §658H-11

When international commercial mediation rules apply

Read the official text at capitol.hawaii.gov ↗

This section says that international commercial mediations are generally governed by the model law. But parties can agree to use Hawaii's confidentiality and other rules instead, or can agree that the model law does not apply at all, in which case Hawaii's full chapter applies.

The statute, as written — International commercial mediation

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(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 all or part of an international commercial mediation is not privileged, sections 658H-4, 658H-5, and 658H-6 and any applicable definitions in section 658H-2 also apply to the mediation and nothing in article 10 of the model law derogates from sections 658H-4, 658H-5, and 658H-6. (c) If the parties to an international commercial mediation agree under article 1, subsection 7, of the model law that the model law does not apply, this chapter applies in its [entirety].

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§658H-2 Definitions for International Commercial Mediation

§658H-3 When this mediation law applies

§658H-4 Mediation talks are private and cannot be used in court

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