Report Title:

Family Court; Alternative Dispute Resolution

Description:

Allows the family court to utilize alternative dispute resolution in family court proceedings, upon a motion by a party or in the court's discretion.

HOUSE OF REPRESENTATIVES

H.B. NO.

1126

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to family court.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In the 2004 legislative session, the senate adopted Senate Resolution 40. This resolution authorized the senate committee on human services to convene interim hearings on the Hawaii family court. Specifically, the hearings were designed to explore ways to make the Hawaii family court more accessible and family-oriented. These interim hearings discussed important issues relating to reduction in caseload, limiting the long-term use of interventions such as temporary restraining orders, ensuring greater accountability of court appointed personnel, and examining ways to reduce the needless expenditures of time and money in counterproductive family court related litigation.

During the course of these interim hearings, four task force groups were formed on four important issues relating to joint custody, temporary restraining orders and protective orders, standards for guardians ad litem and other court personnel, and alternative dispute resolution. After countless hours of hard work and meetings, these four task force groups submitted findings and recommendations to the senate committee on human services that were adopted by the committee.

With respect to the issue of alternative dispute resolution, this task force group found that additional alternative dispute resolution techniques and programs needed to be implemented and expanded in family court proceedings. Further, this task force found that increased public awareness and knowledge of family court proceedings as well as the benefits of utilizing alternative dispute resolution to resolve disputes was needed. As such, this task force recommended that the judiciary expand the use of alternative dispute resolution techniques and programs throughout the family courts.

The purpose of this Act is to allow the family courts to utilize mediation and other alternative dispute resolution techniques in family court proceedings, except when there are allegations of spousal abuse.

SECTION 2. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

"§571-   Alternative dispute resolution. (a) Except as provided in section 580-41.5, the court, in its discretion or upon motion by a party, may order parties involved in a contested divorce proceeding or proceedings involving the custody and visitation of a child to participate in an alternative dispute resolution process.

(b) If the court orders the parties to engage in an alternative dispute resolution process pursuant to subsection (a), the court may impose conditions on this process based upon the respective financial status of parties as well as the type of case involved.

(c) Costs associated with utilizing an alternative dispute resolution process shall be borne equally by the parties, unless the court finds that the respective financial status of these parties is such that another method of cost-sharing is appropriate.

(d) For purposes of this section, "alternative dispute resolution process" means the use of mediation, arbitration, and any other process approved by the court which enables the parties to resolve their dispute in a timely and cost effective manner."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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