HAR §13-167-90
HAR §13-167-90. Confidentiality
Cite as Haw. Code R. § 13-167-90
(a) Confidential
information disclosed to a mediator by any party in the course
of the mediation shall not be divulged by the mediator to
anyone including other parties to the mediation. All records,
reports, or other documents received by a mediator while
serving in such capacity shall be confidential. The mediator
shall not be compelled to divulge such records or to testify
in regard to the mediation in any administrative proceedings
or judicial forum.
(b)
The parties shall maintain the confidentiality of
the mediation and shall not rely on, or introduce as evidence
in any arbitrable, judicial, administrative, or other
proceeding:
(1)
views expressed or suggestions made by any other
party with respect to a possible settlement of any
disputed issue;
(2)
statements or admissions made by any other party in
the course of mediation proceedings;
(3)
proposals made or views expressed by the mediator;
or
(4)
the fact that the other party had or had not
indicated willingness to accept a proposal for
settlement made by the mediator.
(c)
There shall be no stenographic record or electronic
recordation of the mediation process. [Eff. MAY 27 1988]
(Auth: HRS §174C-8) (Imp: HRS §91-2)