HRS §658H-9
Mediators must tell parties about conflicts of interest
Before starting a mediation, a mediator must check for any facts that could make them biased, like personal or financial interests or past relationships, and tell the parties. If they learn such facts later, they must disclose them promptly. A party can also ask about the mediator's qualifications. Judges are exempt, and no special background is required.
The statute, as written — Mediator's disclosure of conflicts of interest; background
(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable mediation party or nonparty participant in the mediation; and (2) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation. (b) If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable. (c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute. (d) A person who violates subsection (a) or (b) is precluded by the violation from asserting a privilege under section 658H-4. (e) Subsections (a), (b), and (c) do not apply to an individual acting as a judge. (f) This chapter does not require that a mediator have a special qualification by background or profession.
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