Rule 2 Appeals to Be Included in or Excluded from the Program

Most civil appeals can go through this mediation program. If you have a civil case on appeal, chances are it qualifies unless it falls into one of the specific categories listed below.

Criminal appeals are not part of this program. Several other types of cases are also left out, mainly because they involve urgent situations or personal rights that need faster court decisions. These excluded cases include requests for special court orders like writs of mandamus or habeas corpus, appeals by people who are incarcerated and seeking release or related relief, and certain criminal procedure appeals under Rule 40.

Other excluded cases include legal questions sent directly to the Hawaiʻi Supreme Court, appeals over driver's license revocations, appeals of restraining orders, and cases involving the termination of parental rights. Appeals involving juveniles who have been found to have violated the law are also excluded.

If your case falls into any of these categories, you will need to go through the regular appeals process instead of mediation. If it doesn't fall into one of these excluded groups, mediation may be an option worth considering.