Regents, Dobelle
hire mediatorThe parties also are
to follow a gag order
during the mediation
Attorneys for the University of Hawaii Board of Regents and fired UH President Evan Dobelle have hired former state Attorney General Warren Price III as a "neutral mediator" to try to resolve differences out of court.
UH REGENTS' LAWYER
Law experience: Partner, Marr Hipp Jones & Wang; specializes in representing management in labor and employment law; adjunct professor at UH school of law; practicing attorney in Hawaii for more than 25 years.
Barry W. Marr
Education: Albany Law School of Union University, law degree; Georgetown University Law Center, Masters of Laws degree
THE MEDIATOR
Law experience: Partner, Price Okamoto Himeno & Lum; attorney general during Gov. John Waihee's first term; practicing attorney in Hawaii since 1972
Warren Price III
Law School: University of California law degree 1972
DOBELLE'S LAWYER
Law experience: Partner, Cronin Fried Sekiya Kekina & Fairbanks; was involved in more than 50 judgments and settlements over $1 million; Hawaii Trial Lawyer of the Year 1994; practicing attorney in Hawaii since 1969
L. Richard Fried Jr.
Education: University of Arizona, Bachelor of Laws degree 1966
They also imposed a gag order on themselves. "During this period, public comments will not be made by any party or counsel for any party," according to a joint statement issued yesterday.
The one-paragraph statement said Price will announce when the mediation is concluded.
Price, a partner in the firm Price Okamoto Himeno & Lum, was a state attorney general under Gov. John Waihee in the late 1980s and early 1990s.
The regents unanimously fired Dobelle on June 15 "for cause." The firing for cause denies Dobelle a $2.26 million severance payment.
Citing legal advice from their attorneys, the regents have not identified the "cause" for firing Dobelle.
Regents have said an audit report that investigated spending from Dobelle's protocol fund, which is supposed to be used to benefit the university, was a factor in the firing.
Dobelle has said that while there was messy bookkeeping, there is nothing in the audit that was illegal or rises to the level of cause.
Dobelle's attorneys are researching a possible lawsuit against the university.
Yesterday's statement does not give any indication about when the public will be able to find out why Dobelle was fired.
Tracey Wiltgen, executive director of the Mediation Center of the Pacific, said going into mediation is "a positive thing."
"I think it's great on their part," she said.
Mediation is "a huge savings in money," she said. "Litigation takes a long time unless they can settle."
Wiltgen said mediation is likely to last for several hours or days, compared with a court case that can drag on for months or years.
The mediator's job, she said, is to help both sides talk to each other and reach a common ground.
Both sides will likely prepare a written document outlining their arguments or meet with the mediator separately before talking face to face.
"The mediator will hear each side's concerns, hear their issues, hear their underlying interests," she said. "How do they view the situation, why do they view it that way? Why do they feel the law is in their favor?"
The bottom-line question is, "What's going to meet their need to resolve this?"
Money is often not the only issue, Wiltgen said.
Dobelle, for example, might want an apology or a public statement clearing his name, she said. The regents might want something from Dobelle saying they had a reason to fire him or assurances that he will no longer be involved with the university.
Once the issues are understood, the mediator will help both sides come up with options to meet each side's needs.
Mediation is generally confidential. If the mediation is not successful, any offers or discussion cannot be used if the dispute goes to court.
Settlements are sometimes confidential as well, Wiltgen said.
However, she said she believes public documents cannot be hidden through the mediation process.
"If something is actually a public document and should be available to the public, you can't use mediation to hide it," Wiltgen said. "But you'd have to establish that it is in fact a document that the public is entitled to see."
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