Hawai’i is one of few states with a law that specifically authorizes family law arbitration. It is a confidential alternative to Family Court by a qualified and privately chosen arbitrator that results in a binding decision.

When to use arbitration

  • When mediation has been unsuccessful or is unlikely to succeed within your timeframe and budget

  • For any pre-decree issues (before divorce or paternity-related issues are final)

    • (Ex: Temporary child or spousal support, occupancy of the family residence, responsibility for paying expenses, temporary timesharing and custody)

  • For any post-decree issues that arise after divorce or entry of a paternity-related order

    • (Ex: Changes to custody, visitation schedules, child support, alimony, or relocation)

  • When you need swift resolution of any issue(s).

    • (Ex: Financial issues or relocation, school deadlines, or children’s medical issues)

  • When you want privacy. Personal & financial information is not public record.


Advantages of Family Arbitration

FASTER THAN COURT: Most family court cases on Oahu are initially assigned two consecutive days for trial on all issues and are often scheduled months in advance. Paternity cases are often heard on multiple half-days. Arbitration can be scheduled at the convenience of the parties involved, including the arbitrator. This flexibility allows for quicker resolution since there is no need to work within the often-crowded court schedule.

YOU CHOOSE WHO DECIDES: It is stressful not knowing which full-time or per diem judge might be assigned to your case until shortly before trial. Arbitrators are experts in the subject matter of the dispute. Judy has 30+ years of experience in family law.

YOU GET THE TIME YOU NEED: Arbitration hearings can be as long or as short as you need them to be. It is not subject to the limited availability of court time.

GENERALLY COSTS LESS THAN FORMAL LITIGATION: Parties can agree to arbitration without hiring an attorney. Attorneys can be helpful to prepare the necessary information but are not required. Money is saved by avoiding delays in the court system and the cost of commuting to Family Court.

CONVENIENCE: Arbitration can occur virtually or in person at the arbitrator’s office. We also offer weekend hearings.

PRIVATE: Arbitration proceedings are private and confidential.

MORE FINAL: The arbitrator’s decision (“Award”) can be set aside only for limited reasons (HRS Section 658J-19).


Matters that CAN be arbitrated

  • Custody & child-related issues in divorce and paternity cases*

  • All pre-decree issues

  • All post-decree issues (no need to file a Motion to Set first)

  • Trials

  • Discrete discovery disputes

  • Summary judgment motions

  • UCCJEA  & UIFSA cases

*These sessions must be recorded as required by HRS Section 658J-15

Matters that CAN’T be arbitrated

  • Adoptions

  • Guardianships of minors and incapacitated adults

  • All Special Division cases (e.g. CPS, TROs)

  • All juvenile (i.e. criminal) cases