Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 658H-6

(1) In an agreement evidenced by a record signed by all parties to the agreement;

(2) Available to the public under chapter 92F or made during a session of a mediation that is open, or is required by law to be open, to the public;

(3) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(4) Intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;

(5) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;

(6) Except as provided in subsection (c), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or

(7) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the department of human services participates in the mediation.

(1) A court proceeding involving a felony or misdemeanor; or

(2) Except as provided in subsection (c), a proceeding to prove a claim to rescind or reform, or a defense to avoid, liability on a contract arising out of the mediation.