(a) Authorization. The program administrator or the Director of the Center for ADR may impose sanctions upon any party or attorney for a party for noncompliance with these rules or the Hawai'i Rules of Appellate Procedure, or who unduly interferes with the orderly procedures of the program. (b) Procedure. To impose sanctions the program administrator or the Director of the Center for ADR shall first issue an order to show cause (order) as to why a sanction should not be imposed. The order shall be filed in the record and shall state the act or omission for which sanctions may be imposed, require a response not later than 10 days after entry of the order, and note that failure to respond or to show good cause will result in imposition of a sanction. (c) Review. The sanction order shall be filed in the record and shall be subject to review by the appellate courts pursuant to Rule 40 of the Hawai'i Rules of Appellate Procedure. Haw. App. Med. Prog. R. 10
As added, effective 2/26/1996; amended effective 7/1/1999; further amended May 5, 2000, effective 7/1/2000; further amended September 7, 2011, effective 1/1/2012.COMMENTARY:
Noncompliance with program rules and requirements hampers the effectiveness of the program and the mediator's ability to meet program objectives. Counsel and parties are subject to sanctions for noncompliance unless good cause is shown. Examples of noncompliance with program rules for which sanctions may be imposed include but are not limited to:
(1) failure to submit a pre-mediation statement as required by the program;
(2) submission of an incomplete pre-mediation statement; and
(3) failure of a party, attorney, or person authorized to settle the case to attend mediation without advance approval by the mediator, the program administrator, or the Director of the Center for ADR.