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GM 1189

Informing the Legislature that on June 5, 2026, the Governor signed the following bill into law: HB1962 HD2 SD1 (ACT 089).

2026 Regular Session

The bill shields alleged domestic abuse victims in family-law mediations by requiring consent and safety-focused mediation only, with trained mediators and support options.

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Bill Summary · GM 1189

Summary of HB 1962, HD 2, SD 1 (Act 089) — Hawaii (Session 2026)

Main purpose and intent

  • The bill adds protections for victims of domestic abuse in family law proceedings by exempting alleged victims from mandatory mediation in certain contested proceedings and ensuring mediation, if used, is conducted in a specialized, safety-focused manner.

Key provisions and changes

  1. New section on domestic abuse and mediation in parentage (Hawaii Revised Statutes Chapter 584A)

    • In contested parentage proceedings where domestic abuse is alleged:
      • The court cannot require a party alleging domestic abuse to participate in any mediation component against that party’s wishes.
      • Mediation may be ordered or referred only if:
      • The alleged victim consents to mediation; and
      • The mediation is provided in a specialized manner that protects the safety of the alleged victim, by a mediator trained in domestic abuse.
    • Mediators must screen for domestic abuse when referrals or orders are issued. Mediation shall not proceed if domestic abuse is present unless consent is given by the alleged victim and the mediation is specialized and safety-protective.
    • An attorney or designated individual may accompany and participate in mediation; a prior waiver of participation can be rescinded.

  2. Amended section on mediation in divorce proceedings (Section 580-41.5)

    • In contested divorce proceedings with alleged domestic abuse:
      • The court cannot compel participation in mediation against the wishes of the party alleging abuse.
      • Mediation may be ordered or referred only if:
      • The alleged victim consents to mediation; and
      • The mediation is provided in a specialized, safety-focused manner by a mediator trained in domestic abuse.
    • Mediators must screen for domestic abuse and shall not engage in mediation if abuse is present unless consent is given and the mediation is specialized for safety.
    • The same accommodation for an accompanying attorney or advocate applies; waiver of participation can be rescinded.

  3. Definitions and scope

    • The term “domestic abuse” uses the same meaning as defined in section 586-1 of the Hawaii Revised Statutes.
    • In custody or visitation disputes involving a party alleging domestic abuse, mediation is allowed only if:
      • The alleged victim consents to mediation; and
      • Mediation is provided in a specialized, safety-focused manner by a mediator trained in domestic abuse, with attendance by a support person chosen by the victim if allowed by the court.

  4. Effective date and transitional

    • The act takes effect upon approval.
    • It does not affect rights, duties, penalties, or ongoing proceedings that matured or began before the effective date.

Who/what is affected

  • Parties in contested parentage, divorce, and custody/visitation proceedings where domestic abuse is alleged.
  • Courts deciding such cases, mediators conducting mediation, and the legal representatives or support persons accompanying the parties.
  • The bill places emphasis on safeguarding victims by requiring consent and specialized, safety-oriented mediation when mediation is used.

Procedural and timeline notes

  • Effective date: Upon the Governor’s approval (Act 089, signed June 5, 2026).
  • Applies to cases where domestic abuse is alleged or found during mediation screening.
  • Does not change pre-existing rights or proceedings that began before taking effect.

Practical impact

  • Strengthens protection for alleged victims of domestic abuse by ensuring they are not forced into mediation, particularly in sensitive family-law settings.
  • Encourages use of specialized mediators trained to handle domestic abuse and to safeguard the victim’s safety.
  • Provides flexibility for victims to participate or decline mediation with the option for supportive attendance (e.g., attorney or advocate).

Compiled from official sources — confirm details with the bill’s official record.

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