HRS §658H-4
Mediation talks are private and cannot be used in court
This section makes mediation communications private. They cannot be forced into evidence or discovery in a legal case, unless another law says otherwise. The people involved can refuse to share these communications, but information that was already allowed in court stays allowed.
The statute, as written — Privilege against disclosure; admissibility; discovery
(a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 658H-5. (b) In a proceeding, the following privileges apply: (1) A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication; (2) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator; and (3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant. (c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
Sections this one refers to
§658H-6 When mediation talks are not kept secret
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