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Tuesday, May 22, 2012         

ISLAND VOICES


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Mediators bridge the troubling justice gap

By Michael Nauyokas

POSTED: 01:30 a.m. HST, Dec 21, 2010

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Chief Justice Mark Recktenwald's report that was featured in a recent article by Ken Kobayashi identifies some of the tragic consequences of the administration's "across the board" budget cut mentality on the state Judiciary ("Lack of funds cut Judiciary," Star-Advertiser, Dec. 14).

Among the most troubling developments is that sex, drug and spouse abuse probationers are not monitored as well as they were before the cuts.

It wasn't said, but certainly if this results in more physical harm to anyone who has sought protection through our system of justice, the so-far unmeasured cost of this budget cut becomes incalculable.

The full online report, "Justice in Jeopardy," cites other impacts. For example, divorce hearings and drunken driving trials take twice as long to be heard and many people may never have their day in court, which is the foundation of our society of laws.

Yet the costs and implications of the cuts go well beyond those mentioned in the article or even the report. For example, foreclosures not processed in a timely manner result in perhaps millions of dollars in increased interest and insurance costs that become obligations to the mortgagee or write-offs for banks. Meanwhile, the properties in question fall into disrepair.

In this and other ways, the slowdown caused by budget cuts at the Judiciary creates a drag on our economic recovery.

Another reported fact—the doubling of the time it takes to settle uncontested divorce cases—didn't mention the consequence that financial resources that should be divided for the health and welfare of children and spouses remains frozen in checking and savings accounts or tied up in real estate, sometimes leaving child support unpaid.

If there is a silver lining to this stormy picture, it has been the increase in the use of alternative dispute resolution options, including mediation.

The Mediation Center of the Pacific has many experienced mediators who offer their time and expertise at reduced rates or even pro bono, thereby helping those with disputes find resolution outside the courtroom.

For decades the center staff has mediated cases on behalf of the Judiciary and conducted seminars and classes on mediation for community leaders.

Last year, its funding from the Judiciary was cut by 20 percent. As a result, center staff was cut, evening hours curtailed and we asked for understanding and kokua from our mediators.

I am happy to say they have stepped forward to help fill the gap.

The Judiciary and the public are lucky to have the many experienced and dedicated mediators who are helping thousands of people to find justice when budget cuts are seemingly pushing our state judicial system toward its breaking point.






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