Diligence. Insight. Creativity.

TESTIMONIALS

Comments On Mediations From The Participants

 
Jerry Hiatt did a terrific job with our pre-suit mediation. His approach was relaxed but effective, affording him clear authority while providing the space for each party to comfortably express the strengths of their case. He pushed us on what he viewed as the weaker parts of our claims, welcoming advocacy. On the flip side, he clearly understood the strengths of our case, particularly as we got into the complexities and messier issues therein. Attorney Hiatt’s extensive experience in litigation and mediation was invaluable when it came to the value of the matter. He provided clarity when the conversation became unproductive, and gave helpful options and recommendations to further the mediation along. We thank him for his insight and his hard work, getting us over the finish line!
— Anthony M. Carr, Esq., Shareholder/Director Shaheen & Gordon, P.A.

Mahilani Hiatt mediated a trust dispute, which I did not think would settle. Surprisingly, it did. Ms. Hiatt was fair, efficient, and thorough in her review of the materials and analysis of the issues. She was dogged in working with both sides of the dispute and getting to the heart of the issues between the parties. I would highly recommend Ms. Hiatt as a mediator.
— Catherine L. Aubuchon, Partner, Bronster Fujichaku Robbins, 3.5.24

I recently had the privilege of working with Mahilani Hiatt, and my experience was exceptional. Ms. Hiatt combines deep relevant legal experience with a straightforward and empathetic approach. Her insightful guidance, negotiation skills, and impartiality were instrumental in reaching a fair and amicable agreement for my partner and I. Throughout the process, Ms. Hiatt demonstrated a commitment to minimizing emotional stress and providing supportive solutions. I wholeheartedly recommend Ms. Hiatt for anyone seeking a divorce mediator who not only understands the legal intricacies but also prioritizes the well-being of all parties involved.
— Name withheld upon request, 2.21.24

We were fortunate to have the guidance of an exceptional divorce mediator, Mahilani Hiatt, during our challenging journey. Both my ex-husband and I found her to be not only informative and efficient but also remarkably kind and compassionate. In just two sessions, she skillfully met us where we were, facilitating negotiations that led to mutually agreeable divorce terms. The experience was a testament to her ability to make a difficult process more bearable, ensuring that we both felt seen and heard as we signed the papers.
— Steph (pro se party), 1.26.24

I was the seller in a rather substantial real estate transaction which recently went to mediation before Jerry Hiatt. Jerry was professional, calm, and candid. He effectively focused the parties on the best outcome they could achieve under the circumstances, even if that differed from what they might otherwise believe was ideal, or justified and the parties reached a mutually acceptable settlement that same day.
— Anonymous, 12.15.23

I recently had the pleasure of mediating a difficult condominium case before Jerry Hiatt. To say that I was impressed with Mr. Hiatt’s skill in bringing the parties together to settle this case is an understatement. Mr. Hiatt expertly and efficiently facilitated the flow of information between the parties causing both sides to make realistic assessments of the risks and benefits of continued litigation in this case. The result was the settlement of a case pending for years where my clients were satisfied that the righteousness of their claims were understood and a fair and just settlement was achieved. I give my highest recommendation Mr. Hiatt as a mediator.
— Eric G. Ferrer, Eric Ferrer Law, 10.3.23

Jerry is the best mediator in the State of Hawaii. Jerry fully understands each parties’ position, provides an expert evaluation of the same, and the dispute as a whole and actively facilitates the parties’ willingness to explore resolution. He is fair and extremely knowledgeable which allows him to provide the parties with a credible assessment of their case and how the matter is most likely to come out if not resolved. I have used Jerry as a mediator in numerous cases over the years ranging from real property title disputes to multi-party, multi-million dollar complex civil matters. Whatever the case, the results have been the same; a mutually agreeable mediated settlement. If your client is serious about reaching a mediated settlement, I highly recommend that you call Jerry.
— Michael L. Lam, Esq., Managing Director/Executive Vice President, Case Lombardi & Pettit A Law Corporation, 12.5.22

Jerry successfully mediated a multi-plaintiff and multi-defendant matter. He grasped the issues quickly and worked hard to pull all sides to a resolution. Jerry is smart, perceptive, tenacious, and creative. He was effective at connecting with the various parties and attorneys, and ultimately resolving a difficult case.
— Darin Leong, 11.29.22

Thank you for your assistance in getting this matter settled yesterday. Our first mediation in November was a total disaster so I didn’t have high hopes for yesterday. Thankfully, I was wrong.

It was very apparent that you were well prepared and you had a plan to get us all on the same page and it worked.

I am incredibly relieved that we will be able to put this chapter behind us and move on with our lives.
— Jan Masi, regarding the Baker re Roxas Estate matter, Civil No. 93-0525 in the First Circuit Court of the State of Hawaii, The case involved claims between competing law firms and other claimants as to funds recovered in the “Golden Buddha Treasure” dispute), 3.22.22

Our office just completed a mediation in a hotly contested medical malpractice case with Jerry. It was the third case Jerry has mediated over the past several months in which our office has been involved. We had previously never used Jerry as a mediator although we had known him over the years as a fine attorney representing both Plaintiffs and Defendants. As you know, our office only handles personal injury matters on behalf of Plaintiffs, but Jerry was suggested by the defendants and we decided to give him a try. These first two cases involving automobile accidents settled quickly and satisfactorily to our clients.

The recently resolved medical negligence case was very challenging from both the Plaintiffs and Defendants perspective. Of course, this meant that it was probably a case that would behoove the parties to attempt to settle. Jerry immersed himself in the important details of the case along with the background/needs of the parties. He provided an intelligent, credible approach which brought the case to a settlement.

This was a difficult case to resolve. Our client was smart, strong-willed and grievously injured, but he agreed with Jerry’s analysis, fairness and commitment to the possibility/benefits of mediated settlement. We will definitely utilize Jerry’s services in the future when the opportunity arises.

I’m happy to communicate with anyone considering hiring Jerry as a mediator.
— Collin M. (Marty) Fritz, Esq., Managing Partner at Trecker Fritz & Williams, AAL (Addressed to Kelly Bryant at DPR, Hawaii), 3.22.22

Our team had a very positive mediation experience with Jerry Hiatt. We represented an injured girl and members of her family in a federal diversity case which involved a young girl who was paralyzed after falling from a high-rise window in a vacation rental. There were multiple defendants who were represented by five different defense counsel. The case involved very complex issues of liability and damages, together with a very complicated insurance landscape.

The parties were quite far apart at the outset and mediation efforts continued for over a month, with regular contact from Jerry to all parties. At times it appeared that the mediation would fail. I was very impressed with Jerry’s efforts to learn about our case and about each of the defendant’s cases and about the complicated relationships among the defendants and their insurers. Defense counsel told me on more than one occasion how impressed they were by Jerry and by his continued efforts which ultimately resulted in a comprehensive settlement of all claims between all parties.
— Matthew Winter, Partner, Davis Levin Livingston, 10.25.21

In my many years of practice, I have not worked with a mediator who has greater success in assisting parties to reach a settlement than Jerry Hiatt.

Jerry has mediated some disputes which I believed had no likelihood of settling, which he has successfully resolved in less than a full day. Jerry has a deft hand in listening with compassion and patience, while maintaining sufficient command to nudge the parties to middle ground.

I wholeheartedly recommend Jerry as a top notch mediator.
— Ken Robbins, Partner, Bronster Fujichaku Robbins, 5.5.21

I give my highest recommendation to Jerry Hiatt as a mediator. Jerry was able to mediate and achieve settlement in a multi-party, multi-million dollar real estate development lawsuit which had been in litigation for more than seven years, during which time two esteemed mediators in Hawaii were not able to bring the parties within a stone’s throw of settlement.

As an experienced litigator himself, Jerry took the time to understand and appreciate the numerous complex issues involved in the case, counseled the parties as necessary, and was tenacious, resolute, and dedicated in making the settlement happen, refusing to give up when the prospects for settlement were bleak. Jerry creatively directed the parties through a multi-step process which delivered results – the optimal settlement where both parties did not receive what they set out to obtain in a litigated outcome, but where the parties were satisfied that a mutually agreeable settlement was finally achieved.
— Lyle Ishida, Tom Petrus & Miller, Attorneys at Law, 12.21.20

Hawaii is extremely fortunate to have Jerry Hiatt available to serve as a mediator, especially in highly complex or difficult cases. Mr. Hiatt has served as a mediator on a number of cases with our law firm. Although these cases were complex, intensively litigated, and laden with hostility among the parties, Jerry was able to find a path to settlement. He is an extremely quick study, and is able to assist the parties to identify and evaluate the crux issues in controversy, as well as possible approaches to resolving those controversies. Using his mastery of the mediation process and his deep knowledge of trial practice – developed over decades as one of Hawaii’s most effective trial lawyers – Jerry has earned a well-deserved reputation as a “closer.”
— Mike Livingston, Davis Levin Livingston, 9.29.20

I have known Jerry Hiatt as both an advocate, arbitrator and mediator. As a mediator, we always search for individuals who are knowledgeable, empathetic and respectful but Jerry goes beyond these qualities. He is perceptive, and genuinely concerned with the well being of both sides, with the ability to weigh alternatives that often are tied to complex personal relationships and business exigencies. Jerry is a quick study of intrapersonal dynamics but does so with a temperament that exhibits impartiality and not bias. His mannerisms are genuine and cooperative and quickly lend themselves to a sense of fairness, perhaps the most critical quality of an excellent mediator. Jerry is a such an mediator.
— Thomas M. Foley, AAL LLLC, 9.3.20

I wanted to thank you for the tremendous effort you made in getting this case to settle. Frankly, in my mind, we were going to try the matter, as I did not believe that a settlement was possible given the personal issues that were involved in this case. You did an outstanding job. Thanks again!
— Cary Tanaka, Counsel for Darryl Perry in USDC Civil No. CV16-00350(LEK-WJP), 7.2.20

Thank you for providing us with your expertise as you guided us into the mediated settlement of a complex post divorce property, business, and shareholder dispute between myself and my former spouse. Your technique is exceptional. Today is my official retirement, thanks in part to you!
— Lynne K. Madden, 6.1.20

Jerry Hiatt is probably the best mediator I’ve experienced. He is fair and equitable to both sides. He represents both sides well in his recommendation. I was pleased with the outcome. A major contributor to that outcome was Mr. Hiatt’s mediation experience and superb skill set.
— John Kehriotis, 2.27.20

Just wanted to drop you a note of thanks. Your efforts and expertise were critical to the resolution of these difficult cases. You did an excellent job, and its been a pleasure working with you. Many thanks and aloha.
— Jeff Foster, Foster Law Offices

In my capacity as litigation counsel, I have worked with Jerry Hiatt on multiple occasions. As a mediator, Jerry is well prepared and able to quickly decipher the key issues. He is able to succinctly explain to clients the risks associated with litigation and the strengths and weaknesses of the parties’ respective positions. I have had a 100% success rate in getting cases resolved with Jerry’s assistance and I always include him on my recommended list of mediators.
— Brian W. Tilker of Torkildson Katz Hetherington Harris & Knorek

I am an experienced trial attorney in the area of civil rights and employment law. Recently Jerry Hiatt was chosen by myself and opposing counsel to mediate a complex case involving claims for whistleblowing and wrongful termination. Mr. Hiatt was selected, in part, because he is a very experienced trial lawyer. He helped the parties (who were quite far apart at the outset), reach an agreeable confidential settlement in one day. He had clearly read both sides’ submissions and he demonstrated a familiarity with the law and the facts applicable to the case. His style is friendly, patient, blunt and effective.

Afterwards my client expressed her opinion of him as follows: ‘My overall assessment of Mr. Hiatt is that he was well prepared, because he knew many details of my case. I felt that he was thoughtful and fair to both sides. His honesty and intelligence were much appreciated.’

I highly recommend him to others.
— Elizabeth Jubin Fujiwara, 10.22.19

Jerry served for more than two years as the court appointed receiver in a case where I represented a major party. The dispute involved multiple complex claims and counterclaims between many parties and also involved title to about 2,000 acres of land near the Volcanoes National Park. In addition to acting as a receiver Jerry eventually helped all the parties reach and document a comprehensive settlement.

I can unequivocally recommend Jerry’s services. Jerry’s understanding of complex issues based on his years of experience (which includes an understanding of how a dispute likely will end if pursued in litigation), his ability to deal with many different personalities and his infinite patience enable him to put together resolutions that would escape many others. Recognizing and being able to cope with and address the varying dynamics among parties and a given party’s sometimes shifting dynamics over time require a careful, nuanced approach and an ability to listen, support, cajole and push, sometimes at the same time, and Jerry is eminently qualified in exercising these skills. In addition, his integrity enables him to serve in multiple capacities in a matter without exceeding the boundaries involved and to earn the trust and respect of the participants involved.
— Randolph Slaton, 2.28.19

 
 
We have used Mr. Jerry Hiatt as a mediator on a number of very complex litigation matters. He brings great skills to the process and has been highly effective as a mediator because of his intelligence, perseverance, dedication, thoughtfulness, and innovation in developing creative solutions. He has succeeded in bringing resolution to matters where the likelihood of a mediated settlement appeared remote at best. I recommend him highly as a mediator.
— Peter Starn of Starn, O'Toole, Marcus & Fisher
 
 

 
 
Jerry Hiatt was outstanding! He was extremely well prepared, certainly knew the relevant issues, and had the complete respect by everyone involved. The mediation went as well as could be expected. All cases resolved and we couldn’t have been better served.
— Michael J. Green in letter to Keith W Hunter, President &/CEO of DPR
 
 

 
 
I want to thank you very much for the remarkable mediation proceedings that you presided over in the above-indicated matter. It is obvious that you, after going over the facts, the applicable law and observing not only the strengths and weaknesses in each side’s case, with your vast experience, that you had the foresight on what analysis you should bring to the table to achieve the Mediation Agreement that was achieved. I have met very few people in my lifetime that can so quickly grasp not only the issues, but can see a road to follow in achieving a desired objective. You did all of the above, and I can only thank you very much for that.
— Robert Kanovitz, Successor Trustee, Salm Trust
 
 
 

I’ve litigated against Jerry for decades. You know how resourceful he can be. He effectively represented me once, quite awhile ago. I just used him for the first time as a mediator in an employment law case, with David Simons on the other side. Jerry is a expert in the subject, having represented employees and employers for years. He quickly learned the facts of the case, carefully listened to our concerns, answered everything we had to say, provided his impartial analysis and made useful suggestions to help settle the difficult case. Based on his performance, I will certainly consider choosing him to mediate future cases, and recommend that you do the same.
— Jeff Harris

Mr. Hiatt mediated an employment dispute in which I represented a party. I do not lavish praise often, but am known to do so when it is warranted. Resolution of this case could not have been accomplished but for Mr. Hiatt’s dedicated work and skillful maneuvers through an ever present and oft changing minefield.
— Rodney Bridgers
 
 
 
 

I have had several mediations with Jerry Hiatt, often because he was suggested by Defense counsel. Jerry was successful in getting settlements in those cases because he is an experienced litigator, who can and does give both sides an educated view of the upsides and downsides of their case. He also has a deep understanding of how the mediation process works and knows how and when to move a case forward to resolution.
— David Simons

Thank you for mediating our dispute. Your straightforwardness, particularly about your own agenda to settle, made it easier for me to trust the process and focus on practical decisions. I came away feeling satisfied that under the circumstances we reached the best possible outcome and I felt more complete about the whole experience than I anticipated. Also, thanks for validating my endeavor to be honest and fair which is important to me personally.
— James

My clients recently retained Mr. Hiatt to serve as a mediator in an unusual case involving a death of a therapy dog while kenneled. This case received both local and national news coverage. Mr. Hiatt was instrumental in getting the kennel owners to settle and I highly recommend Mr. Hiatt for his professionalism, expertise and patience in working with clients to resolve both complex and simple disputes.
— Carlos Perez-Mesa Clay of Champman Iwamura Pulice & Nervell

This is one that could still have gone way off track if we got bogged down in the emotions and all of the entanglements. You kept us on track. I would not have given this mediation high hopes. So, it was a super result and we still have our work cut out. Many thanks for all you have done.
— Terry O'Toole

I have found the competence of the mediator is key. I view a mediator as a leader in pointing the way to the exit for the participants. You really have to be a smart and intuitive person to be able to do that. Most try to bully the parties along; this does not work for experienced lawyers. Thank you for your skills.
— Vernon Y.T. Woo, Esq.

Thank you so much for your assistance in the recent complex marital property settlement matter which you successfully mediated for my client. I have to say that I really learned a lot from you and wanted to again thank you for taking this case on. We could not have resolved this matter without your guidance.
— Cheryl Arakaki

Thank you for your assistance in getting this matter (which involved claims and counterclaims over a commercial restaurant lease that were pending in two civil court cases), resolved. This was indeed a difficult case to settle, with many moving parts and interesting issues presented. Quite frankly, I was not very optimistic about our chances headed into mediation. We appreciate your diligent efforts in working with all of us.
— Wade Katano, 2.20.19