Hawaii Small Claims Mediation: What Happens Before Your Trial

In most states, mediation in small claims court is optional. On the day of the hearing, Hawaii District Courts mandate or strongly encourage parties to participate in court-annexed mediation before presenting their case to the judge. Follow your hearing notice or the clerk's instructions for your case.

How It Works

On the scheduled hearing date, you arrive at the courthouse expecting a trial. Hawaii District Courts mandate or strongly encourage mediation before the parties present their case to the judge. A trained mediator from the circuit's affiliated mediation center facilitates a conversation between you and the defendant.

The mediator doesn't decide who's right. Their job is to help both sides understand each other's positions and find a resolution that avoids the uncertainty of a judicial ruling. They'll shuttle between the parties, reframe arguments, and explore whether a compromise exists.

The session is confidential. Nothing said during mediation can be used as evidence if the case proceeds to trial. This gives both parties room to make concessions without worrying that admissions will come back to hurt them.

The Mediation Centers by Circuit

Each judicial circuit has an affiliated local non-profit mediation center:

• Oahu (First Circuit): Mediation Center of the Pacific — (808) 521-6767
• East Hawaii (Third Circuit): Ku'ikahi Mediation Center in Hilo — (808) 935-7844
• West Hawaii (Third Circuit): West Hawaii Mediation Center in Kona — (808) 885-5525
• Maui County (Second Circuit): Maui Mediation Services — (808) 244-5744
• Kauai (Fifth Circuit): Kauai Economic Opportunity (KEO) Mediation Program — (808) 245-4077

Contact the mediation center directly about any fees. Follow your hearing notice or the clerk's instructions to learn whether you need to contact the center before your hearing.

If You Reach an Agreement

When mediation succeeds, the mediator drafts a Stipulated Settlement Agreement that both parties sign. The agreement is submitted to the presiding judge for approval, and once approved, it carries the legal weight of an enforceable court order.

This means if the defendant agrees to pay $3,000 in three monthly installments and then stops after the first payment, you can enforce the settlement agreement the same way you'd enforce a judgment — through wage garnishment, bank levies, or other collection mechanisms.

A mediated settlement has advantages over a judge's ruling:

• You control the terms. You might negotiate a payment plan, a partial payment in exchange for dropping remaining claims, or non-monetary terms a judge wouldn't order
• Faster resolution. No waiting for the judge to issue a decision
• Higher compliance. People are more likely to follow through on agreements they helped shape than on orders imposed by a judge

If Mediation Fails

When both sides can't agree, you go straight to trial. There's typically no delay — the judge hears your case the same day. The mediator reports only that mediation was unsuccessful, not what was discussed or offered.

Come prepared for both outcomes. Bring your three complete sets of exhibits, your witness list, and your organized presentation. Treating mediation as a likely settlement doesn't mean treating the hearing as an unlikely one.

Strategy Considerations

Don't refuse to participate. Even if you believe your case is rock-solid, going through mediation in good faith signals to the judge (if the case proceeds) that you tried to resolve the dispute reasonably.

Know your bottom line before arriving. Walk in knowing the minimum you'll accept in a settlement. If the defendant offers less, you can proceed to trial without feeling like you missed an opportunity.

Mediation works especially well for ongoing relationships. A landlord and tenant who still live next to each other, a contractor and homeowner who need to finish a project, a business and a client who want to continue working together — these cases often reach better outcomes through negotiation than through a winner-takes-all judgment.

Security deposit cases are common mediation successes. The landlord knows the 14-day deadline under HRS § 521-44 was missed, the tenant knows they want the money back quickly, and the mediator helps them agree on a timeline. It's faster than waiting for the judge to calculate damages.

The Hawaii Small Claims Filing Guide covers the mediation process alongside full hearing preparation, so you're ready for whichever direction the day takes.

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