STAND. COM. REP. NO. 2525

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2080

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2080 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 clarify the scope of the Uniform Mediation Act.

 

     Your Committee received testimony in support of this measure from the Judiciary.

 

     Your Committee finds that the Uniform Mediation Act under chapter 658H, Hawaii Revised Statutes, does not apply to a mediation conducted by a judge who might make a ruling on a case.  The Judiciary testified that in reviewing the impact of the Uniform Mediation Act on existing court rules and procedures, it found instances where a judge may be assigned to a particular case but who will not issue a ruling in the case.  For example, in circuit court, a presiding judge may enlist another judge to conduct a settlement conference in the pending court case.  While these types of settlement conferences are usually not considered mediation, the Judiciary expressed concern that the broad language of the Uniform Mediation Act may include these types of settlement conferences as mediation.  This measure clarifies the scope of the Uniform Mediation Act by excluding mediation conducted by a judge on a case.

 

     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. 2080 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