HRS §658H-7
When mediators cannot report to courts or agencies
A mediator cannot send reports or opinions about a mediation to a court or agency that will decide the dispute, unless the parties agree in writing or an exception applies. The mediator can only say whether mediation happened, if a settlement was reached, who attended, or share certain allowed communications. Any report made in violation cannot be used by the court or agency.
courtsstate agencies
The statute, as written — Prohibited mediator reports
(a) Except as agreed to in writing by the parties or as permitted in subsection (b), a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. (b) A mediator may disclose: (1) Whether a mediation occurred or has terminated, whether a settlement was reached, and attendance at the mediation; (2) Mediation communication as permitted under section 658H-6; or (3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment, except as prohibited under section 658H-6(a)(7). (c) A report, assessment, evaluation, recommendation, finding, or other communication made in violation of subsection (a) shall not be considered by a court, administrative agency, or arbitrator.
Sections this one refers to
§658H-6 When mediation talks are not kept secret
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.