Personal Injury Mediation in Hawaii
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Hawaii, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
2 years
Filing Deadline
$15,000 – $65,000
Avg Settlement
How Mediation Works in Hawaii
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Hawaii. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under pure comparative fault, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Hawaii Injury Law Overview
Hawaii combines a no-fault PIP auto insurance requirement with a pure comparative fault system for tort claims that exceed the no-fault threshold. PIP coverage pays for initial medical expenses and lost wages regardless of fault. For serious injuries that qualify for tort claims, Hawaii's pure comparative fault rule allows full recovery reduced proportionally by the plaintiff's own negligence. The statute of limitations is 2 years, with discovery rule tolling available. Hawaii's tourism industry generates significant premises liability and negligent security claims at hotels, resorts, and recreational facilities. Ocean and water activity injuries present unique legal questions addressed by state courts. Hawaii has no general cap on compensatory damages. Medical malpractice cases require compliance with the Medical Claims Conciliation Panel process before trial. Workers' compensation is separate and exclusive for workplace injuries under Hawaii's Disability Compensation Law.