Steps to Arbitration

How do I arbitrate my case and what will it Cost? 

1. Read this website and the links and send it to the other party and/or the other party’s attorney as an alternative to having a trial or hearing at the Family Court on your island. You decide what issues you need to resolve now. We can schedule your case Monday through Saturday on consecutive days and provide a prompt decision.

2. If both parties want to learn more about arbitrating their family law dispute, each party and/or their attorneys must complete and submit the Contact for Arbitration form on this website.

3. After receiving the Contact form from both parties and/or their attorneys, Leah Corpuz, our Arbitration Paralegal, will contact each party and/or their attorneys to schedule one introductory meeting with both parties and/or their attorneys and Attorney Judy Schevtchuk by phone, Zoom or in person as mutually agreed upon.

4. Before the introductory meeting, parties and/or their attorneys should also review Pitluck Kido & Aipa, LLP’s (“PKA”) Family Law Arbitration Contract (hereafter “Contract”). 

5. At the introductory meeting, the parties and/or their attorneys need to list the issues they want to arbitrate and names of their likely witnesses. Any allegations of abuse or other misconduct need to be voiced at that time as Judy is required by Hawaii law to decide whether your case is suitable for arbitration. Both parties and/or their attorneys will have the opportunity to ask Judy all of their questions about the Contract and process until everybody understands the process and their responsibilities, which include payment for the arbitration services.  PKA’s family law arbitration service is not required to accept all cases and may refer you to Family Court or other resources.

6. PKA will then do a “conflict check” of PKA files and past and present clients for possible conflicts of interest. Judy must disclose any conflicts (people we know already), to you and the other party.  If there is a “conflict,” we will discuss options.  If the conflict check is “clear,” then you proceed to the next step. Leah will notify the parties and/or their attorneys via telephone or email with the conflict check results.

7. Once we establish there is no conflict and both parties agree to proceed, both parties and/or their attorneys (if retained) submit the fully executed Contract and deposit the estimated cost of arbitration.

8. Both parties (or however you agree to share the cost) deposit the full anticipated cost of arbitration, plus the applicable island General Excise Tax (“GET”), to the PKA Arbitration Client Trust Account.

9. Cost: The “flat fee” for Family Law Arbitration will be $2,000.00 for one-half day and $4,000.00 for a full day, plus the applicable island GET. This charge includes all professional and administrative services by Judy and Leah, which includes time spent in meetings, Judy’s preparation for arbitration, the arbitration hearing and her time writing her decision. It does not include the cost of audio recording of testimony about custody and other child-related issues by an independent contractor. It does not include any use of PKA copying machines to make your trial exhibits or reproduce other documents.  It does not include your parking costs. If this deposit is not made within a mutually agreed deadline, the PKA Family Law arbitration process ends here—or if mutually agreed, the process is suspended until payment is received. There is no charge for PKA (Judy’s and Leah’s) time spent with you and/or your attorney(s) up to this point.

10. Both parties sign the Order Appointing Family Law Arbitrator by Agreement (hereafter “Appointing Order”) and one of the parties will physically submit it to your island Family Court for the review and approval of your island Family Court Judge. Self-represented parties must distribute the Appointing Order to the other party and Judy.  If the parties are represented by an attorney, the Appointing Order will be submitted electronically via the Hawaii Judiciary Electronic Filing System (“JEFS”).  When the Appointing Order has been signed by a Judge and filed, you are “officially” arbitrating your family law case in whole (meaning the whole divorce/paternity case) or for certain issues (such as pre-decree financial support and temporary custody) as you have mutually agreed to do.

11. After receipt of the arbitration payment and the Appointing Order signed by a Judge, Leah will then contact both parties and/or their attorneys to schedule a second meeting (virtually or in person). Together, we will refine how much time Judy will need to listen to you and your witnesses for your entire case or for just the issues you need to resolve now.  You decide whether your initial time estimate and your initial deposit is sufficient to fairly present your case; if you now find you will need more time, additional payment in advance will be required before the arbitration hearing begins. If you need less time, the appropriate refund will be disbursed when Judy provides you with her decision.  We also need to decide when the children’s issues, if any, will be scheduled as all testimony about your children must be audio recorded under Hawaii law.  Leah will coordinate the schedule of independent audio recorder, but you will need to pay this professional in addition to your PKA arbitration contract fee. This conference also ensures that all information and reports have been completed and exchanged, translators are available and other administrative matters are addressed. Then the arbitration hearing is scheduled and conducted virtually by Zoom and/or in person with the parties, their attorneys (if any), and their witnesses appearing virtually or in person as you decide is best.

12. Judy will likely ask the parties or their attorneys (if any) to submit their proposed Order or proposed Divorce Decree resolving all issues so she is clear about your final trial position on every issue that you have presented evidence about and that you are asking her to decide. Submitting a proposed Order or Divorce Decree is optional.

13. Judy’s goal/objective is to decide your case and give you a written decision (called an “Award”) with reasons for her decisions within thirty (30) days of the day you submit your proposed Order or Decree.  Her decision is “binding” upon both parties unless Judy committed a crime (like bribery) or her conduct violated legal ethics or laws. She is bound by the same ethics rules as a Family Court Judge in Hawaii. See the link to the Hawaii Uniform Family Law Arbitration Act.

14. One or both parties or their attorneys (if any) transform the “Award” Judy issues into your Divorce Decree or other specific court order and you submit it to your island Family Court Judge for review, approval and filing in the Family Court. There is no legal right to “appeal” the unconfirmed Award after it is submitted to the Family Court, except for crimes and ethical violations. HRS §658J-19.

15. Cancelling the Arbitration Process: If either or both parties change their mind and decide to cancel the arbitration process for any reason (for example, they have reconciled or settled their issues themselves) after signing the Contract and making the payment (#9 above) and before the conclusion of the arbitration hearing, the Contract provides that you will be billed $300.00/hour plus GET for Judy’s time.  This amount will be deducted from your funds in the PKA Arbitration Client Trust Account.  Thereafter, the remaining balance in the PKA Arbitration Client Trust Account will be returned to the party who deposited the funds (or to each of you in the same proportion as you made the deposits). You are then able to resume your case in Family Court, mediate or make any other decision. All written, digital and other materials you have provided to PKA for your case will be returned to you.