HRS §658H-5
When mediation privacy can be given up or lost
This section explains when the privacy protection for mediation talks can be waived or lost. Everyone involved must agree in writing or in court to give it up. If someone uses mediation to commit a crime or unfairly hurts another person, they lose that protection.
everyone
The statute, as written — Waiver and preclusion of privilege
(a) A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. (b) A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 658H-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. (c) A person who intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 658H-4.
Sections this one refers to
§658H-4 Mediation talks are private and cannot be used in court
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