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HRS §658H-7

When mediators cannot report to courts or agencies

Read the official text at capitol.hawaii.gov ↗

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

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.