SB2513 would create a new exemption from court-ordered mediation in contested paternity proceedings when domestic abuse is alleged or when a temporary restraining order or protective order is in place. In those cases, a court could not require the alleged victim to participate in any part of mediation unless that person authorizes it, and any mediation that does occur must be conducted in a specialized, safety-focused manner by a mediator trained in domestic abuse. The bill also requires mediators to screen for domestic abuse before proceeding.
The bill further amends Hawaii’s divorce and child custody/visitation mediation statute to replace older references to “battered spouses” and “family violence” with “domestic abuse,” while preserving the core rule that alleged victims cannot be compelled into mediation against their wishes. It clarifies that in divorce and custody cases, mediation is barred when a protective order or TRO is in effect, and otherwise may proceed only with the alleged victim’s authorization and with a mediator trained in domestic abuse. The bill takes effect upon approval and applies prospectively only, without affecting already matured rights, penalties, or pending proceedings.
Impact
SB2513 would amend chapters 584A and 580 of the Hawaii Revised Statutes to expand and standardize protections for parties alleging domestic abuse in family court mediation settings. It adds a new paternity-proceeding exemption and revises existing divorce and custody/visitation provisions, updating terminology and limiting when courts may order mediation. The practical effect is to reduce mandatory mediation in cases involving domestic abuse allegations and to require domestic-abuse-specific screening and mediator training when mediation is allowed.
Sentiment
The available context suggests the bill is generally protective and noncontroversial in purpose, with a focus on victim safety in family court proceedings. The measure is identified as part of a Hawaii State Association of Counties package, and there are no recorded committee transcripts or votes indicating opposition or debate in the provided materials. Its framing implies support for stronger safeguards for domestic violence survivors and more careful handling of mediation in sensitive family law cases.
Contention
The main policy issue embedded in the bill is the balance between preserving mediation as a family-court tool and protecting alleged victims of domestic abuse from being pressured into unsafe or inappropriate mediation. The bill resolves that tension by making victim authorization a prerequisite and by requiring specialized, trained mediators, which may be seen as limiting judicial discretion but increasing safety. Another notable point is the removal of older statutory language such as “battered spouses” and “family violence,” which updates the law’s terminology but does not appear to change the underlying protective standard.