reglab/housing_qa huggingface dataset:
HI Rev Stat § 658G-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658G. Hawaii Uniform Collaborative Law Act|658G-17 Privilege against disclosure for collaborative law communication; admissibility; discovery.

  §658G-17 Privilege against disclosure for collaborative law communication; admissibility; discovery. (a) Subject to sections 658G-18 and 658G-19, a collaborative law communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence.  (b) In a proceeding, the following privileges apply:  (1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.  (2) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.  (c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process. [L 2012, c 207, pt of §1]
HI Rev Stat § 658G-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658G. Hawaii Uniform Collaborative Law Act|658G-18 Waiver and preclusion of privilege.

  §658G-18 Waiver and preclusion of privilege. (a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.  (b) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 658G-17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. [L 2012, c 207, pt of §1]
HI Rev Stat § 658G-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658G. Hawaii Uniform Collaborative Law Act|658G-19 Limits of privilege.

  §658G-19 Limits of privilege. (a) There is no privilege under section 658G-17 for a collaborative law communication that is:  (1) Available to the public under chapter 92 or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;  (2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;  (3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or  (4) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.  (b) The privilege under section 658G-17 for a collaborative law communication does not apply to the extent that a communication is:  (1) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or  (2) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the agencies of the department of human services responsible for child protective services or adult protective services is a party to or otherwise participates in the process.  (c) There is no privilege under section 658G-17 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:  (1) A court proceeding involving a felony or misdemeanor; or  (2) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.  (d) If a collaborative law communication is subject to an exception under subsection (b) or (c), only the part of the communication necessary for the application of the exception may be disclosed or admitted.  (e) Disclosure or admission of evidence excepted from the privilege under subsection (b) or (c) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.  (f) The privileges under section 658G-17 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made. [L 2012, c 207, pt of §1]
HI Rev Stat § 658G-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658G. Hawaii Uniform Collaborative Law Act|658G-20 Authority of tribunal in case of noncompliance.

  §658G-20 Authority of tribunal in case of noncompliance. (a)  If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:  (1) Signed a record indicating an intention to enter into a collaborative law participation agreement; and  (2) Reasonably believed they were participating in a collaborative law process.  (b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:  (1) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;  (2) Apply the disqualification provisions of sections 658G-5, 658G-6, 658G-9, 658G-10, and 658G-11; and  (3) Apply the privilege under section 658G-17. [L 2012, c 207, pt of §1]
HI Rev Stat § 658G-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658G. Hawaii Uniform Collaborative Law Act|658G-21 Uniformity of application and construction.

  §658G-21 Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2012, c 207, pt of §1]
HI Rev Stat § 658G-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658G. Hawaii Uniform Collaborative Law Act|658G-22 Relation to Electronic Signatures in Global and National Commerce Act.

  §658G-22 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C.A. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C.A. section 7003(b). [L 2012, c 207, pt of §1]
HI Rev Stat § 658H-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-1 Short title.

 §658H-1 Short title. This chapter may be cited as the Uniform Mediation Act. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-2 Definitions.

 §658H-2 Definitions. In this chapter:   "International commercial mediation" means a process, whether referred to by the expression conciliation, mediation, or similar expression, whereby parties:  (1) To an agreement to conciliation have, at the time of the conclusion of that agreement, their places of business in different countries; or  (2) Who have their places of business in a country that is different from either the country in which a substantial part of the obligations of the commercial relationship is to be performed or the country with which the subject matter of the dispute is mostly closely connected, request a third person or persons, who do not have the authority to impose upon the parties a solution to the dispute, to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship.  "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.  "Mediation communication" means a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.  "Mediation party" means a person who participates in a mediation and whose agreement is necessary to resolve the dispute.  "Mediator" means an individual who conducts a mediation.  "Model law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on June 24, 2002, and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated November 19, 2002.   "Nonparty participant" means a person, other than a party or mediator, who participates in a mediation.  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.  "Proceeding" means:  (1) A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or   (2) A legislative hearing or similar process.  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  "Sign" means to:  (1) Execute or adopt a tangible symbol with the present intent to authenticate a record; or  (2) Attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-3 Scope.

 §658H-3 Scope. (a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:  (1) The mediation parties are required to mediate by statute or court or administrative rule or referred to mediation by a court, administrative agency, or arbitrator;  (2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or  (3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person who holds himself or herself out as providing mediation.  (b) This chapter shall not apply to a mediation:  (1) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;  (2) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of a dispute that has been filed with an administrative agency or court;  (3) Conducted by a judge on a case; or  (4) Conducted under the auspices of:  (A) A primary or secondary school if all the mediation parties are students; or  (B) A correctional institution for youths if all the mediation parties are residents of that institution.  (c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 658H-4 through 658H-6 shall not apply to the mediation or part agreed upon. However, sections 658H-4 through 658H-6 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the mediation communication is made. [L 2013, c 284, pt of §1; am L 2014, c 5, §1]
HI Rev Stat § 658H-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-4 Privilege against disclosure; admissibility; discovery.

 §658H-4 Privilege against disclosure; admissibility; discovery. (a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 658H-5.  (b) In a proceeding, the following privileges apply:  (1) A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication;  (2) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator; and  (3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.  (c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-5 Waiver and preclusion of privilege.

 §658H-5 Waiver and preclusion of privilege. (a) A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:  (1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and  (2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.  (b) A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 658H-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.  (c) A person who intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 658H-4. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-6 Exceptions to privilege.

 §658H-6 Exceptions to privilege. (a) There is no privilege under section 658H-4 for a mediation communication that is:  (1) In an agreement evidenced by a record signed by all parties to the agreement;  (2) Available to the public under chapter 92F or made during a session of a mediation that is open, or is required by law to be open, to the public;  (3) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;  (4) Intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;  (5) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;  (6) Except as provided in subsection (c), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or  (7) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the department of human services participates in the mediation.  (b) There is no privilege under section 658H-4 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:  (1) A court proceeding involving a felony or misdemeanor; or  (2) Except as provided in subsection (c), a proceeding to prove a claim to rescind or reform, or a defense to avoid, liability on a contract arising out of the mediation.  (c) A mediator shall not be compelled to provide evidence of a mediation communication referred to in subsection (a)(6) or (b)(2).  (d) If a mediation communication is not privileged under subsection (a) or (b), only the portion of the mediation communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-7 Prohibited mediator reports.

 §658H-7 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. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-8 Confidentiality.

 §658H-8 Confidentiality. Unless subject to disclosure pursuant to part I of chapter 92 or chapter 92F, mediation communications are confidential to the extent agreed by the mediation parties or provided by other law or rule of this State. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-9 Mediator's disclosure of conflicts of interest; background.

 §658H-9 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. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-10 Participation in mediation.

 §658H-10 Participation in mediation. An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-11 International commercial mediation.

 §658H-11 International commercial mediation. (a) Except as provided in subsections (b) and (c), if a mediation is an international commercial mediation, the mediation is governed by the model law.  (b) Unless the mediation parties agree in accordance with section 658H-3(c) that all or part of an international commercial mediation is not privileged, sections 658H-4, 658H-5, and 658H-6 and any applicable definitions in section 658H-2 also apply to the mediation and nothing in article 10 of the model law derogates from sections 658H-4, 658H-5, and 658H-6.  (c) If the parties to an international commercial mediation agree under article 1, subsection 7, of the model law that the model law does not apply, this chapter applies in its [entirety]. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-12 Relation to Electronic Signatures in Global and National Commerce Act.

 §658H-12 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et seq.; provided that this chapter shall not modify, limit, or supersede section 101(c) of that Act or authorize electronic delivery of any of the notices described in section 103(b) of that Act. [L 2013, c 284, pt of §1]
HI Rev Stat § 658H-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658H. Uniform Mediation Act|658H-13 Application to existing agreements or referrals.

 §658H-13 Application to existing agreements or referrals. (a) This chapter shall govern a mediation pursuant to a referral for mediation or an agreement to mediate made on or after July 1, 2013.  (b) On or after January 1, 2014, this chapter shall govern an agreement to mediate whenever made. [L 2013, c 284, pt of §1] Case Notes  The Hawaii Arbitration Act did not apply to plaintiff's counsel's communications. Subsection (a) barred the application of the Act because it was undisputed that the mediation at issue was based on an agreement to mediate in a July 2009 settlement. Under subsection (b), the Act could apply to a mediation between the parties, based on a July 2009 agreement, occurring after January 1, 2014, but the mediation at issue occurred nearly four years earlier. 40 F. Supp. 3d 1312 (2014).