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Rule 94.1 – Settlement Conference; Settlement Conference Statement; Confidential Settlement Conference Letter

May 11, 2021 | Family Law, Hawaii

(a) Settlement conference. A settlement conference may be ordered by the court at any time before trial. Any party may also file a request for a settlement conference at any time prior to trial. A settlement conference shall be subject to the following guidelines:

(1) Each party to the action shall attend the settlement conference unless excused by the court;
(2) For each party represented by an attorney, that attorney shall attend the settlement conference and shall be familiar with all aspects of the case prior to the settlement conference;
(3) Each party and their attorneys, if any, shall have thoroughly evaluated the case;
(4) The judge conducting the settlement conference may, at the conclusion of said conference, continue said conference to another time and date, and from time to time thereafter for continued settlement negotiations if he or she has reason to believe a settlement can thereby be effectuated;
(b) Confidential settlement conference letter. In its discretion, the court may require each party to deliver directly to the settlement conference judge a confidential settlement conference letter, which shall not be filed or served upon the other parties.

The confidential settlement conference letter shall not be made a part of the record and confidential information contained in the letter shall not be disclosed to the other parties without express authority from the party submitting the letter. The court shall destroy the confidential settlement conference letter no later than the entry of the final judgment in the case.

The confidential settlement conference letter shall include a description of the major issues in dispute, a forthright evaluation of each party’s likelihood of prevailing on their positions, counsel’s good faith evaluation of the case, and any other information requested by the court.

(c) Sanctions. If a party (whether represented by an attorney or not) or an attorney fail to appear at any settlement conference set by the court, or unjustifiably fails to comply with any requirements enunciated in this Rule, sanctions may be imposed pursuant to Rules 37(b) and 89 of these rules. Such sanctions may include:

(1) Ordering a party to pay the opposing party’s reasonable expenses and attorneys’ fees;
(2) Ordering a change in the trial date of the action;
(3) Imposing any other sanction as may be appropriate.

Haw. Fam. Ct. R. 94.1

Added November 20, 2014, effective January 1, 2015.