2016 Access to Justice Conference L–R: Erika Ginnis, KMC; Zaheva Knowles, WHMC; Jessie Basquez, Kauai Economic Opportunity; Bevanne Bowers, Maui Mediation Services; Gina Tumasone, WHMC; Sandi Alstrand, KMC; Diane Petropulos, Maui Mediation Services; Tracey Wiltgen, Mediation Center of the Pacific; Julie Mitchell, KMC; Chelsea LaFrance, WHMC
Peace Through Mediation I
KeOlaMagazine.com | September–October 2016
| By Shana Wailana Logan
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n this modern world of violence and rampant injustice, there are few solutions more powerful than peaceful mediation. Ancient Hawaiians would call it ho‘oponopono (to make right), a process which allows families and community members to resolve disputes before they escalate into violence or hate. Today, however, we have the court system deciding many of our disputes—costly for the taxpayer as well as the parties involved. Mediation is an affordable and more peaceful alternative to this rigid system, offering personalized solutions that are driven by the people themselves, not by judges and lawyers.
Mediation in the Courts
The Honorable Ronald Ibarra, Chief Judge for the Third Circuit on Hawai‘i Island, describes how mediation began in today’s court system and the vital role it plays. “Mediation and arbitration were always available as an alternative to litigation even prior to the legislature and the Supreme Court enacting laws and court rules. Prior to the arbitration law and/or court rule on Alternative Dispute Resolution being passed, a judge would refer a case to mediation upon agreement of the parties. Today, the Circuit Court Rule 12.2 authorizes a judge to refer cases to mediation and arbitration,” he says. “The cases that are generally favorable for mediation are those where the issues are highly emotional. These include Family
“True peace…is the presence of justice.” Dr. Martin Luther King, Jr.
Court, i.e., divorce, property settlement, child custody. In District Court, landlord-tenant dispute and small claims. In Circuit Court, cases that involve boundary disputes, complex litigation where the cost of litigation may be higher than the monetary value of the case. Mediation would be less costly and would resolve the matter quicker than litigation,” he says.
Hawai‘i Island Mediation Centers
There are two independent mediation sites on Hawai‘i Island that are utilized by the court system: the West Hawai‘i Mediation Center (WHMC) in Waimea, serving Nā‘ālehu to ‘Ō‘ōkala and the Ku‘ikahi Mediation Center (KMC) in Hilo, serving East Hawai‘i. For decades, they have been facilitating dispute resolution, assisting individuals and groups finding solutions and achieving their goals. “We empower people to come together—to talk and to listen, to explore options, and to find their own best solutions. To achieve this mission, we offer mediation, facilitation, and training to strengthen the ability of diverse individuals and groups to resolve interpersonal conflicts and community issues,” says KMC Executive Director Julie Mitchell.