A Hawaii personal injury attorney must be mindful of special procedures he or she must follow when litigating a personal injury action on behalf of a minor or an incapacitated person. Because a minor or incapacitated person cannot make an informed decision regarding his or her case, Hawaii law requires that any settlement or judgment received in a minor’s court case be approved by a judge presiding in probate and that a conservator is appointed on behalf of the minor or incapacitated person. Rule 101 of the Hawaii Probate Rules makes it the Plaintiff’s Attorney’s responsibility to initiat
Mediation and Arbitration
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Hawaii Courts strongly encourage arbitration. In fact, Hawaii Courts favor arbitration to such an extent that if there are three parties to a contract (and one didn’t sign the agreement containing the arbitration clause) the Court will likely enforce the arbitration agreement (if the nonsignatory wants the agreement enforced).
That’s right, in certain circumstances nonsignatories to an agreement have standing to invoke an agreement’s arbitration clause. The Hawaii Supreme Court explained this principle in Luke v Gentry, Ltd., 105 Hawaii 241, 248 (Hawaii, 2004) as follows:
Hawaii courts favor arbitration. Arbitration is a device in which the litigants agree to hire a private, independent third party to decide their case. It is generally accepted that parties will reduce litigation costs by arbitrating a matter, since the process will be streamlined. It is quite common for parties to agree to arbitrate in a contract, although any case may be resolved through arbitration (so long as all parties agree to do so).
Mediation has become a very effective litigation tool in Hawaii. We are asked about the possiblity of a mediation by clients and potential clients almost daily. Although mediation is practiced throughout the United States, the people of Hawaii, with their unique cultural history, seem particularly well-equipped to effectively use mediation. Although I was trained to practice law in New York, I moved to Hawaii in 1993. I have personally observed that Hawaii has a strong preference to mediation and that some of our finest jurists actively participate in this process.
As most Hawaii Attorneys know, mediation has become a very effective litigation tool in Hawaii. Although mediations occur throughout the United States, the people of Hawaii with their unique cultural history, seem particularly well-equipped to effectively use mediation.
Mediation is a process in which parties to a dispute agree on an impartial third person who guides the litigants to a settlement using various negotiation and/or communication techniques. Although Mediation may serve several purposes, its overall goal is to help the parties settle their own problems.