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- Practice Commenced: 1995
- Total Mediations (as of Jul 2020): 400
- Total Arbitrations (as of Jul 2020): 20
Mr. Hiatt has served as an arbitrator, or as a mediator, in labor, employment and discrimination disputes, construction disputes, personal injury cases, real property development disputes, real estate commission disputes, commercial landlord tenant disputes, insurance coverage and bad faith disputes, disputes between divorcing parties involving the division of jointly claimed properties and business interests and class action claims against major banks by persons who claimed that the banks practices and charges as to its customers were unfair and/or deceptinve.
Cases within the last 12 months which were successfully mediated included the following;
1. A class action claim of alleged bank misrepresentaion.
2. Complex property settlements in two divorces which involved business and real property interests in Hawaii , California and Portugal.
3. A complex landlord tenant dispute involving a commerical restaurant lease at a major shopping center.
4. Multiple construction defect claims.
5. A complex commercial foreclosure involving approximately 2000 acres of land and multiple local and mainland parties and counsel.
6. A dispute over landscaping and view planes under applicablle CC&R;'s in a high end residential subdivision.
7. A complex real property dispute involving access to an urban high rise and alleged flooding issues for neighboring properties
Arbitrations conducted in the same period involved:
1. Collective bargaining grievance and discharge arbitrations between theTeamsters local and Oahu Transit Company.
2. A class action construction defect arbitration.
3. A complex commercial arbitration dispute involving carbon credits and other disputes related to a forestry project.
4. An interfamily dispute over an asset buyout felated to property in Hawaii and on the mainland
- ADA Disability
- Banking & Finance
- Civil Rights
- Class Actions
- Community Associations
- Consumer Fraud
- Contract Disputes
- Debt Collections
- Divorce (High Asset)
- Elder Abuse
- Family Businesses
- Health Care
- Intellectual Property
- Land Use/Planning
- Legal Malpractice
- Libel & Slander
- Media & Communications
- Medical Devices
- Medical Malpractice
- Mortgage Foreclosure
- Non-profit Organizations
- Personal Injury
- Premises Liability
- Product Liability
- Professional Fees
- Professional Liability
- Professional Malpractice
- Professional Negligence
- Property Damage
- Real Estate
- Sexual Harassment
- Shareholder Disputes
- Title Disputes
- Trusts / Estates
- Unfair Competition
- Venture Capital
- Wage & Hour/FMLA
- Wrongful Death
Mr. Hiatt graduated with honors from Harvard University in 1973. He received his J.D. from the University of Hawai‘i at Manoa, William S. Richardson School of Law in 1977 under a grant from the University of Hawai‘iʻs East–West Center. During Mr. Hiattʻs final year of law school, he attended Harvard Law School and was selected as an editor of the Harvard Environmental Law Review. Mr. Hiatt clerked for the firm of Baker and McKenzie in Hong Kong in 1975, and then for the firm now known as Carlsmith Ball LLC in 1976. He joined the Carlsmith firm in 1977 as an associate. He became a partner with the Carlsmith firm in 1983 and assisted in directing the Real Estate and Business Litigation section of that firm, before leaving to help form Bays Deaver Hiatt Kawachika & Lezak in 1986. He founded his own firm in January 2001. Mr. Hiatt has very extensive trial, arbitration and mediation experience in a wide variety of cases representing both plaintiffs and defendants.
Mr. Hiatt has received extensive training in both mediation and arbitration, including the following courses:
Mediation: The Art of Facilitating Settlement offered through the Straus Institute for Dispute Resolution, Pepperdine University School of Law
AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002)
AAA Dealing with Delay Tactics in Arbitration (ACE004)
AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005)
AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001)
Arbitrator II: Advanced Case Management Issues
Commercial Arbitrator Training
AAA Labor Arbitrator I
A sample of the cases Mr. Hiatt where has personally represented a party and which were either tried, arbitrated and/or which he handled on appeal include the following.
* = full civil jury trial to verdict
*** = full civil bench trial to verdict
** = full arbitration to award which was then satisfied, or which was followed by court confirmation of the arbitration award
WDC Ventures v. Charles Pankow, Civil No.______, First Circuit Court (early l980's)*.
Amfac v. Riblet, Civil No. __________, Second Circuit Court, Hawaii (1986)*.
Stanley Joseph, et al. v. United States of America, et al., U.S. Dist. Ct. Civ. 87-0201 (1988) ***.
Morishige v. Spencecliff Corp., 720 F. Supp. 829, U.S.D.C. (D. Haw. 1989) .
Eugenia Parnar v. Americana Hotel Inc., et al., Civil No. 52878, First Circuit Court, Hawaii (1989). (This portion of the Parnar case involved an attorneys’ fee lien claim on behalf of the firm of Green, Ning, Lilly & Jones, Parnar’s former counsel, for fees earned in representing her in her underlying case. Mr. Hiatt conducted the bench trial for the law firm before Judge Oshiro in September 1989; the law firm prevailed at trial and on appeal in Hawaii Supreme Court, No. 14203)***.
In Re The Ferdinand John Henry Schnack and Mary Pearson Schnack Trust, S.P. No. 92-0268, First Circuit Court, Hawai‘i (1982).
Calleon v. Miyagi, 76 Haw. 310, 876 P.2d 1278 (Haw. 1994)*.
Mathewson v. Aloha Airlines, Inc., 82 Haw. 57, 919 P.2d 969 (Haw. 1995)**.
Stratton v. Hawaii Electric Light Company, Nos. 95-16142, 95-17262, United States Court of Appeals for the Ninth Circuit 1996 U.S. App. LEXIS 33151, (1996) *.
Shelton Higa, et al. v. Straub Hospital and Clinic, et al., Civil No. 94-0-002126, First Circuit Court, Hawaii (1996) *.
Mailhiot v. Grand Wailea Co., 85 Haw. 83, 937 P.2d 924 (Haw.1997)**.
Pancakes of Hawaii v. Pomare Properties Corp., 85 Haw. 286, 944 P.2d 83 (Haw. App. 1997);
William L. Theobald v. Thomas E. Harrison, M.D., Civil No. 94-0302, Fifth Circuit Court, Hawaii (1997) *.
Sosimo B. Tabieros, et al. v. Clark Equipment Company, et al., Civil No. 88-0-003025, First Circuit Court, Hawaii; First trial 1990, followed by appeal to Hawaii Supreme Court appeal (1992) *.
Sosimo B. Tabieros, et al. v. Clark Equipment Company, et al., Civil No. 88-0-003025, First Circuit Court, Hawaii; Second trial 1993; followed by second Hawaii Supreme Court appeal (1997); 85 Hawai‘i 336, 944 P.2d 1279 (1997) *.
Finley v. Home Insurance et al., 90 Haw. 25, 975 P.2d 1145 (Haw. 1998).
Richard Goodell, et al. v. Nancy Smith, Civil No. ____, Third Circuit Court, Hawaii (1998)*.
Lisa N. DeMello v. Hawaiian Electric Company, Inc., et al., Civil No. 97-2829-07, First Circuit Court, Hawaii (1999)*.
Gonsalves v. Nissan, 100 Haw. 149, 58 P.3d 1196 (Haw. 2002)*.
Morita v. County of Hawaii, 2002 Haw. LEXIS 142 (2000)*.
In Re the Matter of The Marilyn Mueller Goss Family and Marital Trusts, T. No. 03-1-0023, First Circuit Court, Hawai‘i;
Jaz, Inc. v. Foley, 104 Haw. 148, 85 P.3d 1099 (Haw. App. 2004)*.
Sheryll Kaniho and Guy Kaniho v. Alistair Bairos, M.D., et al., Civil No. 04-1-0139K, Third Circuit Court, Hawaii (2006) *.
Sue M. Meyers, individually and as Special Administrator of the Estate of Austin Kainalu Meyers, et al. v. Department of Education State of Hawaii, et al., Civil No. 04-1-0253, Third Circuit Court, Hawaii (2006)*.
Metzler Contracting Co. LLC and John Metzler v. Elle Stephens, et al., 2007 U.S. Dist. LEXIS 48760 (2007).
Mr. and Mrs. Paul Stephens v. Metzler Contracting Co. LLC, Case No. 74 110 Y 00339 06, American Arbitration Association Construction Industry Tribunal (2010)**.
KTS Properties, LLC v. Peter Skaaning, Civ. No. 09-00433, United States District Court of Hawai‘i (2010);
Lynch v. Choy et al, FINRA Arbitration No. 09-06111 (2011)**.
AOAO of the Fairways at Mauna Lani v. Stanford Carr Development et al, DPR No. 07-0347-A (2012) and AOAO of The Fairways at Mauna Lani v. Metcalf Construction Company, Inc., et al.; S.P. No. 12-1-018K, Third Circuit Court, Hawai‘i (2012**.
Metzler Contr. Co. LLC v. Stephens, No. 11-15749, No. 11-15833, United States Court of Appeals for the Ninth Circuit, 479 F. App. 783; 2012 U.S. App. LEXIS 14924, Honolulu, Hawai‘i, (2012).
Memberships & Affiliations
Mr. Hiatt is a member of the National Board of Legal Specialty Certification where he is certified in both Civil Pre-trial Practice Advocacy and Civil Trial Advocacy. He is a retired member of the American Board of Trial Advocates.
Mr. Hiatt currently devotes his entire practice to service as a neutral. He serves on the mediation and arbitration panels for the National Associaton of Distinguished Neutrals, Dispute Prevention & Resolution, Inc. ("DPR"), the American Arbitration Association ("AAA") and the mediation panel for the National Association of Securities Dealers. He is currently listed in Best Lawyers in eight areas.
400 hourly plus expenses