ALTERNATIVE DISPUTE RESOLUTION

(a) Authority to order. The court, sua sponte or upon motion or request by a party, may, in exercise of its discretion, order the parties to participate in a non-binding Alternative Dispute Resolution process (ADR or ADR process) subject to terms and conditions imposed by the court. ADR includes mediation, summary jury trial, neutral evaluation, non-binding arbitration, presentation to a focus group, or other such process the court determines may be helpful in encouraging an economic and fair resolution of all or any part of the disputes presented in the matter. Subsections (a) through (e) of this Rule do not apply to ADR administered by the Hawai‘i Judiciary, such as the Court Annexed Arbitration Program. (b) Factors to consider; fees and expenses. (1) Before ordering a case to ADR, the court may consider factors, including, but not limited to, the current status of the case, whether the parties would be better served by a settlement conference held by a court, whether the parties are willing to participate in ADR, and whether the parties have previously participated in ADR in the pending matter. In addition, the court may consider whether ordering a case into ADR would result in an unfair or unreasonable economic burden to any party. (2) All ADR fees and expenses of the neutral shall be borne equally by the parties unless otherwise agreed to by the parties, ordered by the court, or provided by law. A party who cannot afford to pay all or any portion of fees or expenses charged under this rule may file a motion with the court to be excused from payment or to pay an appropriately reduced amount or rate. (c) Selection of the neutral. If the ADR process ordered by the court involves the selection of a neutral, the parties shall first attempt to select a neutral by mutual agreement. (d) Disclosure. Unless waived by all parties, the parties, counsel, and neutral shall make a reasonable inquiry concerning and disclose to each other the identity of the parties, potential witnesses who may be called at trial, and other participants who may be included in the ADR process. In addition, the neutral shall make a reasonable inquiry and disclose as soon as practical before accepting mediation any other facts and information, including a financial or personal interest in the outcome of the mediation and any existing or past relationships, that a reasonable person would consider likely to affect the impartiality of the neutral, including the neutral’s relationships with counsel, a mediation party, foreseeable mediation party, or non-party participant in the mediation. The parties, counsel, and neutral shall have a continuing obligation to disclose as soon as practicable any information they subsequently learn during the ADR process that a reasonable person would consider likely to affect impartiality of the neutral. (e) Physical presence of counsel and parties required. (1) Lead trial counsel and clients, representatives, and third persons with full settlement authority shall attend, in person, all ADR conferences scheduled by the neutral, unless excused by the neutral. (2) A governmental entity satisfies the attendance requirement if its lead counsel is in attendance and has been delegated full settlement (f) Communication by parties, counsel, neutral, and the court. Unless the parties otherwise agree in writing or it is otherwise authorized and approved by the adjudicating court pursuant to the Uniform Mediation Act or other law, the neutral, counsel, the parties, and other participants in any mediation, shall not communicate with the civil court adjudicating the merits of the mediated matter (including the settlement or trial judge) about the substance of any position, offer, or other matter related to mediation, nor shall a court request or order disclosure of such information unless such disclosure is required to enforce a settlement agreement, adjudicate a dispute over mediator fees, or provide evidence in any attorney disciplinary proceeding, and then only to the extent required to accomplish such purpose. However, the neutral may disclose to a court whether the ADR process is concluded or terminated; who attended; and, if applicable, whether a settlement or resolution was reached with regard to some or all issues presented. (Added October 8, 2020, effective January 1, 2021; further amended November 5, 2020, to extend effective date to July 1, 2021; further amended March 30, 2021, to extend effective date to January 1, 2022.) R ule 13. TRIAL CALENDARS AND THE FIRST CIRCUIT ON-CALL STATUS; CIVIL CASES. (a) Trial calendars. The court shall prepare and maintain a trial calendar for jury trials and a separate trial calendar for jury-waived trials of all civil cases which may require hearing or trial. All such cases placed on the trial calendars shall be called and assigned to any available judge for hearing or trial during the week the same shall be set unless continued for good cause. When any action on the ready calendar is called during a calendar call or when any action is called for a pretrial or settlement conference after timely notice to all attorneys or parties not represented bycounsel, the court, may, on its own motion or on the motion of any party, dismiss such action or hold the defendant in default, as the case may be, if any of the parties fails to appear. Any case at issue, whether on the ready calendar or not, may be advanced and set for a pretrial or settlement conference or be immediately placed on the trial calendar for hearing or trial. All civil cases appealed to the circuit court, when docketed, shall be placed on the appropriate trial calendars of civil cases. (b)The first circuit on-call status. (1)All first circuit trials in which doctors or other experts will be offered as witnesses will have a fixed trial date and counsel will be on "24-hour notice" to commence trial the entire week. However, by Friday of the assigned week, if the trial cannot commence, then the trial judge will return the file to the administrative judge and the parties will: (i)either agree to a new trial week which will fall within 90 days from the date of the original trial week, subject to the administrative judge's approval, or (ii)if the parties cannot agree or the administrative judge cannot accommodate the agreed upon date, then the parties will meet with the administrative judge for a trial setting which will, in any event, be no later than 90 days from the date of the originally scheduled week. (2)In cases not involving doctors or other expert witnesses, trial counsel will be on a 24-hour notice during the week trial is set, and if trial does not commence during said week, they will then be on a "48-hour notice" for the next 2 calendar weeks. (Amended June 22, 1983, effective July 1, 1983, further amended May 24, 1984, effective July 1, 1984; further amended July 26, 1990, effective September 1, 1990.)