MCP offers video conference mediation through the Zoom platform.

You will receive a link to click or a phone number to call to connect to your mediators at a specified date and time as scheduled by a Client Services Specialist. If you are unfamiliar with Zoom or video conferencing, you can find some tips for a successful video mediation here and instructions for what to expect here.
You must be in a quiet, private space when participating in mediation through video conference. If you are in your car, the car must be parked in a quiet location.
If you do not have the equipment to participate Zoom, MCP has private rooms that you may use to participate in mediation.

During the mediation, the mediator will give both parties an opportunity to express their point of view in a safe, comfortable environment.

In most cases, the parties and the mediator will initially be in the same room. At different times throughout the mediation process, the mediator may meet with each party privately while the other party waits outside. The private meetings allow the parties to share information with the mediator and come up with and test possible solutions and ideas with the mediator, before presenting them to the other party.

It means that whatever you say in mediation (whether it is when you and the mediator are talking alone, or when you and the other party are talking with the mediator), will not be repeated outside the mediation by the mediator.

If the mediation is not successful and you go to court or another legal proceeding, the mediator cannot be subpoenaed or required to testify in court, nor can any/all records or paperwork from the Center be used in the Court proceeding.

Before each mediation session, all participants must sign the Confidentiality Agreement to acknowledge that they will abide by its terms. Usually the Confidentiality Agreement is sent to each participant 2-3 business days before the mediation via email for a digital signature. You can also review the Confidentiality Agreement here and send in a printed copy, if that's easier for you.

It means that both parties must agree to mediate.

If one party does not want to participate, then the mediation cannot occur. Either party may end the mediation at any time, for any reason.

That is your choice. The mediator will not tell you what to do.

If you and the other party are unable to come up with an agreement in mediation, then you can take other action such as filing a Claim in Court (or return to court if you have already initiated a Complaint) or initiate arbitration.

Mediation gives you and the other party the chance to resolve the dispute yourselves.

Most people are more satisfied with resolutions that they develop themselves. In general, mediation is less costly and faster than arbitration or litigation.

You may bring your attorney to the mediation, but counsel is not required.

If your attorney does not participate and a written agreement is created during the mediation process, you may take the agreement to your attorney for review, before it is finalized. You may also contact your attorney via telephone at any time during the mediation.

No. There are no witnesses or judges at a mediation session.

Generally, only the disputing parties and the mediator are present at the mediation. The purpose of the mediation is not to determine who is right or wrong. Instead, the purpose is for the parties to talk with each other and to work out a mutually acceptable agreement to settle the dispute.

The Mediation Center is fortunate to work with a cadre of professional mediators who volunteer their services for many of the programs.

The mediators have completed specialized training and have significant mediation experience. Every mediator is assigned by the Client Services Specialists according to the issues in the dispute and the training of the mediator.

If you need to reschedule or cancel your mediation session, please call us at least four (4) days in advance at 521-6767. The Mediation Center’s office hours are Monday–Friday 8:30am–4:30pm.

A cancellation fee of $200 (plus any other applicable fees) will be charged for a mediation session that is cancelled without prior notice of two (2) business days from the agreed upon date and time of the session.

Participants can request a Mediation Status Letter.

Under the Uniform Mediation Act, Hawaii Revised Statutes 658H-7, the only thing that can be disclosed is "whether a mediation occurred or has terminated, whether a settlement was reached, and attendance at the mediation." The Mediation Status letter is a form letter which includes only this information.

No.

The Mediation Center of the Pacific strives to provide a setting for clients to come together to work on resolving their conflict, therefore, we do not allow clients to be served legal documents at our offices for any reason.

Exchanging documents and sharing information can help a mediation session be more productive.
The Mediation Center of the Pacific will ONLY accept the following documents at least two (2) business days in advance of a mediation session:

• Governing documents or contracts involved in a business, consumer/merchant, landlord-tenant, or condominium dispute such as a: lease agreement; contract; payment schedule; bylaws; house rules; declaration; meeting minutes; cancelled checks; receipts; photos of damage; etc.
• Documents in a divorce or separation: current court order, Asset & Debt statements, Income & Expense statements; Parenting Plan; or Custody Evaluation

Any other documents will not be accepted or provided to the mediators for the first session. At the end of an initial mediation session, mediators may request and/or the parties may agree to submit additional documents to the mediator(s) prior to the next mediation session.

Documents must be emailed to mcp@mediatehawaii.org at least two (2) business days before the mediation session. Call (808)521-6767 if you have questions about your specific case