Terms of Service

Last Updated: January 29, 2026

Agreement to Terms

By accessing or using the Mediation Centers of Hawai`i ("MCH") website and services related to the ACT 278 Eviction Mediation Pilot Program, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Description of Services

MCH provides an online platform for landlords and tenants to request mediation services as part of the ACT 278 Eviction Mediation Pilot Program established by the State of Hawai`i. Our services include:

• Online intake forms for mediation requests
• Coordination with local mediation centers across the Hawaiian islands
• Facilitation of mediation sessions between landlords and tenants
• General information about the mediation process and ACT 278

Eligibility

The ACT 278 mediation program is available to landlords and tenants involved in residential rental disputes in Hawai`i where eviction proceedings for nonpayment of rent are being considered. By using this service, you represent that:

• You are at least 18 years of age
• You are legally authorized to enter into these terms
• The rental property in question is located in the State of Hawai`i
• You are either the landlord, landlord's authorized agent, or tenant associated with the dispute

User Responsibilities

Accurate Information

You agree to provide accurate, current, and complete information when using our intake forms and services. Submitting false or misleading information may result in denial of services and may violate state law.

Good Faith Participation

By requesting mediation, you agree to participate in the mediation process in good faith. This includes:

• Attending scheduled mediation sessions or providing timely notice of cancellation
• Engaging respectfully with the other party and the mediator
• Being prepared to discuss the issues and potential resolutions
• Complying with any agreements reached during mediation

Confidentiality

Mediation proceedings are confidential. You agree not to disclose information shared during mediation sessions except as required by law or with the consent of all parties involved.

Mediation Process

Scheduling

Under ACT 278, if a tenant schedules mediation within 10 days of receiving an eviction notice, the landlord must participate in mediation before proceeding with eviction. Mediation must be scheduled within 10 days and must take place within 30 days from the date the mediation center makes contact with the landlord or landlord’s agent and the tenant.

Outcome

Mediation is a voluntary process, and the mediator does not have authority to impose a resolution. Any agreement reached is binding only if both parties voluntarily consent. If mediation does not result in a settlement, the landlord may proceed with eviction proceedings as permitted by law.

Fees

There is no cost to landlord or tenant for the mediation services provided through the Act 278 Program.

Limitation of Liability

MCH and its partner mediation centers provide facilitation services only. We do not provide legal advice, and use of our services does not create an attorney-client relationship. To the fullest extent permitted by law:

• MCH is not liable for any decisions made by parties during or after mediation
• MCH is not responsible for enforcing any agreements reached through mediation
• MCH makes no guarantees regarding the outcome of any mediation
• MCH is not liable for any damages arising from use of this website or services

Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of MCH or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

Modifications to Terms

MCH reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to this website. Your continued use of our services after any changes constitutes acceptance of the new terms.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Hawai`i, without regard to conflict of law principles. Any disputes arising from these terms or your use of our services shall be resolved in the courts of the State of Hawai`i.

Contact Information

If you have questions about these Terms of Service, please contact us:

• Phone: Contact your local mediation center

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.