[§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]
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).