Rule 3 - Participation in the Program(a) Selection of Cases. The program will include and schedule mediation for as many cases as possible. (b) Mandatory Participation. Participation is mandatory for all cases included in the program.(c) Voluntary Participation. If a case is not included in the program, parties may request that the case be included in the program, provided the request is made no later than 30 days after briefing is complete. In cases with more than 2 parties, mediation under this section need not include all parties in the case, but may be limited to those parties wishing to mediate issues between or among them that are within their authority to settle. The request must be made by letter directed to the program and filed with the appellate clerk. Requests will be accommodated when feasible. (d) Deadline for completion of mediation; extension of deadline. An appeal included in the program shall be returned to the appeals docket 1 year after the notice of inclusion in the program is received, provided that the parties may file a joint motion for good cause for an order recommitting the appeal to the program. Haw. App. Med. Prog. R. 3
As amended and effective 2/26/1996; further amended June 20, 2006, effective 7/1/2006; further amended September 7, 2011, effective 1/1/2012.COMMENTARY:
Comparisons of mandatory and voluntary programs show that mandatory programs are generally more successful. The purpose of requiring participation (not settlement) in the program is to make the program benefits accessible to as many civil litigants and attorneys as possible.
Parties may " opt-in," that is, request their case be included in the program. Subject to staffing considerations, the program will make every effort to accommodate these requests. For opt-in cases, the program will include only those parties who wish to participate in matters in the case at issue between or among them. Therefore, in a multiple party case, not all parties or all issues need be included.