Arbitration is allowed for “any family law dispute” or “child related dispute” under the “family and domestic relations law of Hawaii.” See HRS Section 658J-2. This includes all disputes about child custody, visitation, relocation and financial support for a child under Section 571-46 (Divorce and Separation) or Section 576D-7 (administrative child support adjudication by CSEA and the Office of Child Support Hearings) or Chapter 583A (Paternity cases which includes all children born to unmarried persons regardless of gender).
Also likely included (but not cited in the statute), are interstate child custody cases under HRS Section 583A (Uniform Interstate Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) and Uniform Interstate Family Support Act (“UIFSA) at HRS Chapter 576B. However, the arbitrator DOES NOT GRANT the divorce or enter a paternity judgment. The arbitrator issues her decision (“award”) and the parties then forward the decision of the arbitrator to the Family Court Judge for “confirmation. The Family Court Judge must review the arbitrator’s decision and make sure it conforms to Hawaii law. At the end of the process, the parties have a Divorce Decree, or a Judgment Regarding Paternity, Custody, Support, etc. or other “official” Court Order just as if the case had been litigated in Family Court. This procedure occurs on all of the islands of the State of Hawaii.
The cases that family law arbitration cannot handle are: Termination of parental rights due to abuse or neglect (HRS 571-61) ; adoptions (HRS 571-61 or 587A-33); guardianships of children; deciding if a child is in need of protection (HRS 587A); domestic abuse restraining orders (HRS Chapter 586 and gun violence restraining orders (HRS 134-63 and 134-64.)
Yes. Arbitration is for people who want a fair, common sense, experienced decision maker who can resolve your case in a reasonable time. Attorneys are optional.
PKA is offering an initial arbitration fee schedule of $2,000 plus GET for a one-half day hearing and $4,000 plus GET for a full day for cases arbitrated in 2023 or scheduled in 2023 for hearings before 1 June 2024. We reserve the right to change this fee depending upon the financial circumstances of the parties.
This fee includes conducting the arbitration sessions, pre-arbitration Zoom or in person conference with the parties to establish the issues, witnesses and exhibits, use of the PKA conference room and amenities for the hearing, my time preparing for your sessions, reading your documents, conducting the hearing and then writing my decision (called an “award”) afterward. It does not include providing the verbatim audio recording of any part of your case that involves children; Hawaii law requires that all child-related testimony be recorded so the Family Court Judge who reviews the arbitrator’s decision can review the testimony. Also excluded from the fee is parking downtown. However, we will assist you arrange both.
Yes, unless a party proves the arbitrator violated specific laws which are listed at HRS Section 658J-19.
See the link for STEPS to Arbitrate. Remember, however, that you cannot force the other party to chose arbitration instead of Family Court. Also, the Court cannot force you to select arbitration instead of having your case heard by a (free to the consumer) Family Court judge whose salary is paid by your taxes. No question that family law arbitration is an additional expense at a financially difficult time in your life. You and the other party need to decide whether the time saved, privacy afforded and expertise we can provide are worth it.
No. I believe that’s a bad idea for lots of reasons.
Because there are too few Family Court judges and supporting professional staff for their workload, divorce and paternity cases are scheduled on limited hearing days (one or two days per week), over several months, if necessary. It is difficult for everybody to remember what happened during prior court sessions and it is disruptive to your work and home life. By choosing to arbitrate your case, you can have a week-long hearing, if needed, get the decision in 30 days and then move on with your life.
Yes. But realize that many issues are more complicated than they seem. For example, moving to the mainland with your children will also involve a new timesharing schedule, transportation costs for the keiki and often physical and legal custody modifications. We can discuss related issues in your no-charge introductory meeting.
The Family Courts are over-worked and under-resourced. Try mediation again and then consider arbitration if the other parent is willing. (The Family Courts cannot force anybody to choose arbitration).
Yes. Many times temporary orders are all a family needs to get on the right path to finishing their legal case without spending lots of money or taking a year or more. Your investment in as little as a half-day arbitration may make sense for your family.
Yes, but you must file your Complaint for Divorce and other initial paperwork (MAI, Kids First Notice), in your Family Court first to obtain a case number and comply with the “Kids First” educational program. Thereafter, you and the other parent can chose arbitration which is a confidential, private process. You do not need to worry about seeing your neighbors in the hallway at Family Court or having your financial information available for purchase on eCourt Kokua. You will be in downtown Honolulu in a historic office building. Nobody needs to know why you are here. Access is simple; no elevator required. While personal information is supposed to be protected, the public has a right to know what the Judiciary’s files contain unless the topic is children or the information includes dates of birth, bank account numbers, etc.

No—not as of 09 October 2023.
Barring unforeseen circumstances, I will issue my decision (“award”) within thirty (30) days from the last day of the hearing or the day that you provide me with your [proposed] order or closing argument if you and the other parent decide to submit those.
No. Arbitrators must follow the same rules as judges which means they cannot have separate conversations with just one party (“side”) without the other person listening. All meetings will be with both parties and/or their attorneys.
Yes. My goal is to make this a real alternative conflict resolution option and “user friendly.” If everybody agrees to meet on a Saturday and/or Sunday then we can do that. However, all issues about children must be recorded by independent contractor audio specialists and therefore on their schedules as well. It is certainly possible to have the property issues on a weekend and then do the child-related issues on a weekday.
Hawaii’s Uniform Family Law Arbitration Act has been in effect since July 10, 2017 and can be found at Hawaii Revised Statutes, Section 658J-1 – Section 658J-27. It is codified in Volume 13 of the LEXIS (Blue bound) Hawaii statutes with other (commercial) arbitration laws. This is NOT the same book as the rest of the Family Law which is mainly in Volume 12.
This is YOUR case and YOUR life. We believe it is better for your people to appear by phone and/or Zoom rather than not be heard at all. We will allow your witnesses to appear by Zoom or telephone in your case. We just need to be able to hear them testify.
Hawaii law does allow children “of sufficient maturity” to testify but that rarely occurs directly. Usually children’s input is provided to the Judge through the investigation and report of a Custody Evaluator or Best Interest Fact Finder who is a professional that the parents have to hire. Not everybody can afford to do that. When parents CAN afford to hire a neutral fact-finder, that person usually can transmit the children’s wishes. When you cannot afford them, we have a problem…. Nobody wants to have keiki on the “witness stand” having to “choose” to live with Mom or Dad, especially when one parent is relocating from Hawaii. In rare cases, Judy will consider having a recorded conversation with a mature child regarding the issues which affect that child. This is allowed by the Hawaii Family Law Arbitration Statute at HRS 658J-13(c )(5).
Yes. The Hawaii Rules of Evidence do not apply in family law arbitration under the Hawaii law. See Hawaii Revised Statute, Section 658J-13. However, if you don’t have the person who wrote the statement or the police officer or other witness testify and let the other person question your witness, then the weight I can give to that piece of paper is decreased—not to “zero” ---but still decreased.
If you and the other parent agree to arbitrate and have all of your positions and financial records and witnesses ready to go, I am scheduling arbitrations for November 2023.
All parties who contact us will be screened for DV and coercive control issues. People who refuse to give us information on these topics or other “red flag” issues will be rejected for our arbitration services. PKA is a private law office and does not duplicate the security procedures at the Family Court. Therefore, I reserve the right to refuse to serve as the arbitrator for any case in my sole discretion. The Dillingham Transportation Building—where we are located--is is also a “no gun” carrying property.
However, while “in person” arbitration is the ideal, I would consider serving as arbitrator for Zoom or telephonic hearings in cases with an active TRO or with concerns about DV.
Yes. Just like a judge is a “mandated reporter.” See HRS 658J-12(c).
Yes. The law gives the arbitrator the legal authority to issue a “protective order.” See HRS Section 658J-12(d) and 658J-13. Item description

What Family Court cases can private arbitration handle?

What Family Court cases can arbitration NOT handle?

I can’t afford an attorney. Can I still do arbitration?

What will Arbitration cost?

Is family law arbitration “binding”?

How do I get into the arbitration mode and out of Family Court?

Will you try to mediate my case and then “turn into” an arbitrator if we don’t resolve everything?

The Family Court can only schedule two days of trial in one week. My case will take longer than that. What are my options?

Can I have arbitration on just one issue in my case, like relocating our children or dividing retirement or the amount of before-divorce support I need to pay?

We have just separated and cannot agree on anything. We have already gone to mediation. Why can’t we get a hearing at Family Court for 3 months?

We have filed our case in Family Court, can’t wait for 3-4 months for a hearing on temporary orders and want to arbitrate ONLY to get temporary orders. Is that possible?

I need to file for divorce. I know it will be contested and I want to choose arbitration before I file any financial statements or motions in Family Court which could be accessed by members of the public. Is that possible?

Have there been any appellate cases reported on the Hawaii Uniform Family Law Arbitration Act yet?

I understand sometimes people have to wait for months to find out what the Family Court trial results are. When can I expect the decision from the arbitrator if we decide to take that option?

Can I talk to the arbitrator about my case privately without the other person listening?

Is it possible to schedule an arbitration on a weekend?

What is the law on family law arbitration in Hawaii and where do I find it?

I won’t know who my Family Court trial judge will be until about two weeks prior to trial. If my trial judge won’t allow my witnesses to appear by Zoom or telephone and my people cannot afford to fly to Hawaii on such short notice, what options do I have with arbitration?

The Oahu Family Court judges usually do not allow children to testify in court unless they are the victims of a crime. My keiki would like to tell the Judge what they want their future to look like. What options do I have with arbitration?

I don’t understand the rules of evidence. Can I give the arbitrator statements that people have written who know about my family situation? Can I give her police reports or other documents that discuss the issues the arbitrator must resolve?

We are already divorced and disagree about our keiki’s college choice and how to pay for it. By the time we get a hearing in Family Court, our keiki will have missed admission and financial aid deadlines. How quickly can we schedule an arbitration?

My case involves domestic violence and coercive control. Is it safe for me to do arbitration?

Is the family law arbitrator a “mandated reporter” with a duty to report child abuse or child neglect which she may learn about while serving as an arbitrator?

I am nervous going to arbitration because of past ugly scenes with my “ex.” Can the arbitrator do anything to prevent that from happening during our hearing?