STAND. COM. REP. NO. 548

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 966

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 966 entitled:

 

"A BILL FOR AN ACT RELATING TO THE UNIFORM MEDIATION ACT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to adopt the Uniform Mediation Act that provides a comprehensive law for privileges and confidentiality in mediation.  Specifically, this measure:

 

     (1)  Establishes a privilege of confidentiality for mediators and participants that prohibits the disclosure of mediation communication from being subject to discovery or admissible as evidence;

 

     (2)  Allows the parties to the mediation to waive the privilege and provides certain exceptions to the privilege, including the types of information the mediator may disclose;

 

     (3)  Requires the disclosure of known conflicts of interest by the mediator and, upon request, the disclosure of the mediator's qualifications; and

 

     (4)  Promotes autonomy by authorizing the parties to decide matters that can be set by agreement.

 

     Your Committee received testimony in support of this measure from the Commission to Promote Uniform Legislation; The Mediation Center of the Pacific, Inc.; West Hawaii Mediation Center; Honolulu Board of REALTORS; Hawaii Association of REALTORS; and three individuals.  The Judiciary submitted comments on this measure.

 

     Your Committee finds that mediation is a process by which a third party facilitates communication and negotiation between parties to a dispute to assist them in reaching a voluntary agreement resolving that dispute.  Currently, mediation communication is covered by Rule 408, Hawaii Rules of Evidence.  This measure establishes a privilege that provides significantly more protection for mediation communications than the existing rule of evidence.

 

     Your Committee notes the testimony submitted by the Commission to Promote Uniform Legislation clarifies that this measure does not apply to collective bargaining disputes, certain judicial settlement conferences, or mediation involving parties who are all minors.  The Commission also notes that the Uniform Mediation Act has been adopted by eleven jurisdictions and is currently being considered for adoption in two other states.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 966 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair