NCJ Number
94680
Journal
Hawaii Bar Journal Volume: 18 Issue: 1 Dated: (1983) Pages: 37-52
Date Published
1983
Length
16 pages
Annotation
This paper describes Hawaii's experiences with neighborhood justice centers, particulary in environmental and divorce disputes, mediation in China and Japan, and attorney's involvement with mediation processes.
Abstract
A brief history of mediation in Hawaii focuses on the 1979 inauguration of the Makiki Neighorhood Justice Center, which was incorporated as a nonprofit corporation, used trained volunteer mediators, and was supported by the courts. Following a review of environmental mediation in the United States, the paper discusses how these techniques apply to Hawaii and possibly should be formalized as standard procedures. Also discussed are trends in divorce and family law mediation. Hawaii has court-connected mediation services for divorcing couples. Research studies have shown that these services were more successful than the court study and recommendation process in achieving agreements that participants felt were workable, and the processing time was dramatically shorter. The modest Makiki Justice Center has become the Neighborhood Justice Center of Honolulu, a model of mediation that encompasses community issues, family disputes, and environmental problems. In addition to family mediation services, the Center offers a neutral-ground program for people involved in neighorhood disputes such as landlord-tenant conflicts and consumer-merchant disagreements as well as a conflict management program to help government agencies, private developers, and community action groups negotiate solutions to public policy issues. Evaluations have consistently shown high rates of success and satisfaction by those using the Center's services, with 85 percent of all cases reaching mediation being settled. Mediation is fundamental to both Chinese and Japanese cultures where society is predisposed to compromise and nonjudicial settlements. In this context, a Hawaiian cultural practice called ho'oponopono, which involves aspects of therapy, prayer, and group communication processes, should be studied for new ideas regarding dispute resolution. Lawyers must understand the mediation process and can benefit from mediation skills in conducting their practice. A cost-benefit analysis of the Neighborhood Justice Center and 47 footnotes are supplied.