Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2444 entitled:

begs leave to report as follows:

The purpose of this measure is to improve the availability of arbitration and mediation as a means of resolving disputes arising out of wills or trusts between beneficiaries, trustee, or representatives.

Testimony in support of this measure was submitted by the Attorney General, the Judiciary, Dispute Resolution Services, the Mediation Center of the Pacific, the Keystone Center, two attorneys, and three individuals.

Your Committee finds that there are no requirements that disputes arising out of wills or trusts between interested parties be arbitrated or mediated. However, your Committee believes that arbitration and mediation provisions in the uniform probate code are necessary, and this measure will address these needed changes.

Your Committee has amended this measure by requiring the use of mediation rules for probate, trust, and guardianship only if there are such rules. Your Committee also amended this measure by making technical, nonsubstantive changes.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2444, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2444, S.D. 1, and be placed on the calendar for Third Reading.