Haw. App. Med. Prog. R. 2

As amended through September 30, 2024

Rule 2 - Appeals to be Included in or Excluded from the Program

Except as provided in this rule, any civil appeal may be included in the program. Criminal appeals and civil proceedings in the nature of the following are excluded from the program:

(a) petitions for extraordinary relief such as a petition for a writ of mandamus or the like;

(b) petitions for a writ of habeas corpus;

(c) appeals or petitions in which the appellant/petitioner is incarcerated and is seeking relief related to the incarceration;

(d) appeals or cases arising under Rule 40 of the Hawai'i Rules of Penal Procedure;

(e) questions of law reserved to the Supreme Court of Hawai'i;

(f) appeals from revocation of drivers' licenses;

(g) appeals from restraining orders;

(h) appeals from termination of parental rights; and

(i) appeals from adjudication of juveniles as law violators.

Haw. App. Med. Prog. R. 2

As amended and effective 2/26/1996; further amended November 17, 2000, effective 1/1/2001; further amended September 7, 2011, effective 1/1/2012.

COMMENTARY:

The program schedules mediation in as many civil appeals, not otherwise excluded, as staffing for the program permits.

Criminal cases, habeas corpus petitions, and cases brought by incarcerated persons complaining about their confinement, arrest, or trial are excluded from the program for 2 reasons:

(1) the exposure of counsel to claims of ineffectiveness of counsel for their participation; and

(2) the ineffectiveness of a settlement process in which the mediator would be unable to reduce sentences.

Similarly, petitions for extraordinary relief and questions of law reserved to the Supreme Court of Hawai'i are excluded because these types of cases may generally be resolved only by judicial decision. Also, in these types of cases it is often critical that the court enter its decision on an expedited basis.