[§601-20]  Court annexed arbitration
program.  (a)  There is established within the judiciary a court annexed
arbitration program which shall be a mandatory and nonbinding arbitration
program to provide for a procedure to obtain prompt and equitable resolution of
certain civil actions in tort through arbitration.  The supreme court shall
adopt rules for the implementation and administration of the program by January
1, 1987.



(b)  All civil actions in tort, having a
probable jury award value, not reduced by the issue of liability, exclusive of
interest and costs, of $150,000 or less, shall be submitted to the program and
be subject to determination of arbitrability and to arbitration under the rules
governing the program.  The rules shall include a procedure to classify and
establish the order of priority according to which the actions will be
processed for the determination of arbitrability and for the arbitration under
the program.  The court may, at its discretion, remove any action from the
program.



(c)  The chief justice may hire on a
contractual basis, and at the chief justice's pleasure remove, without regard
to chapter 76, an arbitration administrator, who shall be responsible for the
operation and management of the program, and such other persons deemed
necessary for the purposes of the program in the judgment of the chief justice.
[L Sp 1986, c 2, §21; am L 2000, c 253, §150]



 



Cross References



 



  Bypass of court annexed arbitration, see §671-16.5.



  Center for alternative dispute resolution, see chapter 613.



 



Rules of Court



 



  See RCC rule 34; Hawaii Arbitration Rules.



  Applicability of Hawaii Arbitration Rules, see RCC rule 34.



 



Law Journals and Reviews



 



  Settling Civil Lawsuits in the Hawaii Circuit Courts.  10 HBJ
No. 13, at pg. 1.



  The Impact of Discovery Limitations on Cost, Satisfaction,
and Pace in Court-Annexed Arbitration.  11 UH L. Rev. 81.



  Tort and Insurance "Reform" in a Common Law Court. 
14 UH L. Rev. 55.



  Striking a Balance:  Procedural Reform Under the Lum Court. 
14 UH L. Rev. 223.



 



Case Notes



 



  Subsection (b) did not violate equal protection clause of the
Fourteenth Amendment to the U.S. Constitution.  76 H. 494, 880 P.2d 169.