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Mediation

Family Law Mediation in Honolulu

Honolulu Family Law Mediation: A Decade of Experience on Every Side of the Process

A family law mediation attorney does something different from a neutral mediator: rather than facilitating between both parties, we represent and advocate for you throughout the process. At Smith & Sturdivant, LLLC, we bring more than a decade of experience handling family law matters in Honolulu, including divorce, child support, guardianship, and child custody. Mediation is available across this full range of matters, not only divorce, and we work with each client to understand their goals and protect their rights from the first session through any final agreement.

We offer a free consultation to help you decide whether mediation is the right path for your situation.

Find out if family law mediation might benefit you. Call (808) 201-3898 today to schedule your free consultation.

Why Choose Mediation for Family Law Matters?

Mediation is an alternative dispute resolution process that keeps your case out of a courtroom and the outcome out of a judge’s hands. For many Honolulu families, that distinction matters in several practical ways.

Mediation commonly offers the following advantages over litigation:

  • Speed – Resolutions are typically reached more quickly than litigation timelines allow.
  • Lower cost – Less time and reduced professional involvement generally mean lower overall fees.
  • Privacy – Mediation is a private process. Under Hawaii’s Uniform Mediation Act (HRS 658H), communications made during mediation are generally not disclosed in subsequent court proceedings.
  • Party control – The parties shape the outcome together rather than having a judge decide who wins and who loses.
  • Flexibility – Mediated agreements can include provisions for how the parties will interact going forward, which is especially useful when a co-parenting relationship must continue after the dispute is resolved.

If mediation doesn’t produce a settlement, the case remains on the litigation track. A failed mediation doesn’t foreclose the option of going to trial, and the mediator has no authority to impose a settlement on either party.

Why Honolulu Families Choose Smith & Sturdivant, LLLC

Our founding attorney has served in roles that most family law practitioners see only from one side. As a general civil litigator, a mediator, a custody evaluator, and a Guardian ad Litem, our founding attorney has seen firsthand how the Family Court of the First Circuit evaluates family law matters from every vantage point in the process. That breadth of experience informs how our entire team prepares clients for mediation across every family law matter we handle.

We focus exclusively on family law. Clients describe our attorneys as straightforward, personally invested, and accessible throughout the process. When you work with us, you’re working with a team whose entire practice is built around the kind of matter you’re navigating.

Hawaii’s Mediation Requirements for Contested Divorce

For contested divorce proceedings specifically, Hawaii family courts require both spouses to attempt to resolve their differences through mediation before filing a motion for a contested divorce trial. The parties must then certify with the family court that mediation was attempted before the case can proceed. This requirement reflects how central mediation is to the Family Court of the First Circuit’s process on Oahu.

Residency Requirements and What Happens If Mediation Fails

To petition for divorce in Hawaii, a party must be domiciled in the state at the time of filing, meaning physically present in Hawaii with the intent to make it their permanent home, and must have been domiciled or physically present in the filing circuit for at least three months. Under HRS §580-1, the court won’t enter a final divorce decree until the filing party has been continuously domiciled in Hawaii for at least six months. All divorce cases on Oahu are heard by the Family Court of the First Circuit. If mediation doesn’t produce an agreement, the case moves forward on the litigation track without penalty, and a failed attempt doesn’t prevent either party from pursuing their case in court.

Outside of divorce, mediation is available for many other family law matters, including custody modifications, child support disputes, paternity, and guardianship, though the mandatory attempt requirement applies specifically to contested divorce proceedings.

How Our Family Law Mediation Lawyers Can Help

Not every dispute is a good candidate for mediation. We help clients assess whether their circumstances fit the profile where mediation is likely to be productive, specifically situations where the parties are likely to reach agreement on the principal issues. When mediation is the right fit, we prepare you for each session, explain what to expect, and advocate for your interests throughout.

Matters commonly addressed in family law mediation include child custody and timesharing, child support, alimony, and property division. Having a family law mediation lawyer review any proposed agreement before you sign means you have an advocate reviewing whether the terms are fair and legally sound. If your matter doesn’t resolve through mediation, we’re prepared to represent you in litigation.

Serving Honolulu & Oahu Families

Smith & Sturdivant, LLLC is based in Honolulu and serves families throughout Oahu. We’re familiar with the procedures and expectations of the Hawaii State Judiciary and the Family Court of the First Circuit, which means less time getting up to speed on process and more time focused on your case.

Honolulu’s cost of living is among the highest in the country, and litigation fees compound an already stressful financial picture for many families. On an island where social and community ties run close, reaching an amicable resolution can matter in ways that go beyond the legal outcome alone.

Ready to explore your options? Contact Smith & Sturdivant, LLLC at (808) 201-3898 to schedule a free consultation and find out whether family law mediation is right for your situation.

Frequently Asked Questions About Family Law Mediation

What family law matters beyond divorce can be resolved through mediation in Hawaii?

Family law mediation in Hawaii can be used for a range of disputes beyond divorce. Child custody and timesharing disagreements, child support modifications, paternity matters, and guardianship issues can all be addressed through mediation. While Hawaii’s mandatory mediation attempt requirement applies specifically to contested divorce proceedings, parties in other family law disputes often choose mediation voluntarily as a faster and less costly alternative to litigation.

Is family law mediation confidential in Hawaii?

Yes. Under Hawaii’s Uniform Mediation Act (HRS 658H), communications made during mediation are generally confidential and aren’t disclosed in subsequent court proceedings. This protection encourages candid discussion during the process. There are limited exceptions to confidentiality under the statute, which a family law mediation attorney can explain in the context of your specific situation.

Is family law mediation a cost-effective alternative to traditional litigation in Hawaii?

In most cases, yes. Family law mediation generally takes less time than litigation and requires less professional involvement, which tends to reduce overall costs. For Honolulu families already contending with a high cost of living, avoiding a contested trial can make a meaningful financial difference. Mediation doesn’t guarantee a lower cost in every case, but it is typically a more efficient path to resolution for disputes where the parties are likely to reach agreement on the core issues.
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  • “Thank you, from the bottom of my heart.”
    I can't express enough on how thankful I am to have found Atty Sturdivant and his Legal Assistant, Sarena. They helped me tremendously get through a process that I never thought I could have overcome - a divorce. They made this a very smooth and painless process. As a result, I am relieved. Thank you, from the bottom of my heart.
    - Floriza F.
  • “They will always have your back, these family lawyers are second to none!!”
    Bottom line, if anyone is looking for the highest quality in service and care, wishing to be in the best possible hands you could be during the delicate and sensitive legal matters you may need assistance with, save some time and make the right decision, talk to Mr. Justin and Mr. Daniel, you will not regret it, they will always have your back, these family lawyers are second to none!!
    - Juan S.
  • “Did a great job of being a friend as well as attorney.”
    I went thru an extremely painful divorce. One I never saw coming, and one I never wanted to happen. Justin was there to guide me and advise me when needed. Always available to see me, or talk on the phone when I had questions. Sad as the situation was, Justin seemed to feel what I was going thru and did a great job of being a friend as well as attorney. His fee was very fair, and I would highly recommend him to anyone dealing with these issues.
    - Salvatore
  • “I felt like he was straight with me, both good and bad, unlike other lawyers I've met with.”
    Justin Sturdivant met with me personally and took the time to answer my questions. I felt like he was straight with me, both good and bad, unlike other lawyers I've met with. If I have to go forward with my divorce I'll be going with Mr. Sturdivant.
    - Johnny
  • “He not only gave me a fair and equitable retainer fee, he got the results I was looking for.”
    I contacted Justin when I was in need of an attorney and he was exactly what I needed. He not only gave me a fair and equitable retainer fee, he got the results I was looking for in less time than I had personally allocated for when I originally encountered the issue. I was not only satisfied but ecstatic, I would use him for all my issues from here on forward, should I have any.
    - Greg