WHO WE ARE

A network of highly experienced mediators, facilitators, technical experts and arbitrators with special proficiencies in multi-party problem solving.

AREAS OF EXPERTISE AND APPLICATION

Disentangling, problem solving and dispute resolution especially conflicts with multiple parties and multiple issues. Mediation, arbitration and the design of conflict management processes are tailored to the needs and circumstances of parties engaged in or facing protracted or difficult litigation. Designing, implementing and conducting strategic planning efforts aimed to enhance organizational success.

ETHICAL STANDARDS

The Accord Group abides by the ethical standards of the Hawaii Supreme Court applicable to mediation.

ACCORD GROUP SERVICES

Dispute Resolution and Conflict Management

• Mediation
• Neutral fact finding
• Arbitration
• Regulatory negotiations over rules, rates and conditions (“reg – neg”)
• Discovery Master
• Pre-conflict assessment
• Tie Breaking Director
• Med-arb
• Special Master
• Umpire

Related Activities, Needs & Assessment

• Formal and informal needs assessments.
• Analytic interviews with potential participants
• Focus groups and “designing” sessions to build future procedures and organize date and information exchanges.

Process Design and Convening

• Designing consensus-seeking commission procedures, working group, roundtable, and “Track-II” proceedings to supplement existing decision-making systems.
• Creating “platforms” for discussion, information exchange, and problem solving.
• Designing and conducting strategic planning sessions aimed at maximizing an organization’s success.
• Serving as conveners, or otherwise helping parties find sponsorship acceptable to all.

Impasse Breaking and Dispute Resolution

• Moving beyond gridlock on stalled issues.
• Identifying opportunities for mutual gains.
• Mediating specific agreements to specific problems.

Capacity Building

• Creating new structures for improved efficiency and reduced friction.
• Conducting seminars, training programs, and workshops.
• Developing specialized simulations leading to better decisions.
• Conducting research and evaluations to provide an outside perspective.

MEDIATORS AND ARBITRATORS OF THE ACCORD GROUP

Peter S. Adler Ph.D.
(970) 513-5841
(970) 262-0152 (fax)
(808) 783-1362 (cell)
e: padler@keystone.org

Sample cases:

• Protect Puako and Bridge Aina Lea, fka Brdige Puako. Mediation of claims and counterclaims in a Big Island environmental litigation.
• *Court-appointed facilitator for community dispute over a sewage treatment facility between Hui Malama Aina O Laie v. Brigham Young University, No. 90-00638. Terna v. MidPac. Mediated a construction defects litigation on Windward Oahu.
• *State of Hawaii vs. Erkel Greenfield, et al. Appointed as a Special Master by the Circuit Court to help streamline and resolve massive product liability and construction defects litigation over weathering steel at Aloha Stadium.
• Commission on Water Resource Management. Findings of Fact, Conclusions of Law, Decision and Order. Hearings Officer on Contested Case MO97-1, Kukui Well Permit.
• *Special Master and Mediator, Onekahakaha Beach “5" vs. County of Hawaii.
• Palila Mitigation Negotiations. At the request of Federal Highways Administration, mediated a highway siting and $15-million interagency accord on the additional of habitat for an endangered bird species.
• PASH Study Group. At the request of the State Office of Planning, designed and facilitated a roundtable group on conflicts between Native Hawaiians and business and property owners over customary and traditional gathering rights.
• Ormat Geothermal Plant and Well field, Pahoa, Hawaii. Selected byn parties and appointed by Hawaii Planning Commission to mediate project siting conditions for a 20 mgw geothermal power plant.
• *Molokai Working Group. Appointed by State of Hawaii Commission on Water Resource Management to help diverse community and business representatives develop consensus on demand forecasts and bulk water allocations.
• Public Utilities Commission Docket No. 7702. Co-mediated 40-party regulatory issues regarding demonopolization of the telephone company and the unfolding of competition in the telecommunications industry.
• AMFAC/JMB and International Longshoremen. Mediated a labor-management compact to reorganize Kauai sugar operations.
• Mediation of Howard v. City & County of Honolulu, an Americans with Disabilities Act case.
* = Court Referred Cases

Lou Chang
(808) 384-2468
(808) 951-0888 (fax)
e: louchang@hula.net

• Mediation of family business and probate disputes
• Arbitration and mediation of construction contract, defect and deficiency disputes of all types involving public works and private developments of custom homes, subdivisions, condominiums, high-rise and commercial projects
• Arbitration and mediation of labor/employment, business, personal injury, real property, banking, insurance, hotel management, accounting, franchise and contract disputes
• Hearings Officer/Fact-Finder
• Mediation of employment harassment, discrimination and termination claims
• Discovery master and Union trust fund umpire
• Facilitation of Stryker Brigade community comment process
• Facilitation of Northern Hawaiian Islands community input process

David Franzel
e: DavidF@campbellestate.com

• Mediated domestic and commercial disputes.
• Resolved many matters on behalf of clients through settlement of complex commercial and environmental matters, personal injury claims and insurance coverage disputes.
• Arbitrated complex real property and contract disputes.
• Developed process for and led many facilitation sessions on topics which include:
• The establishment of marine reserves, energy use, housing, smoking in public places, developmental disabilities, helicopter noise
• Strategic planning for corporate and non-profit organizations
• Conflict resolution for non-profit organizations

Kenneth K. Fukunaga
(808) 533-4300
(808) 531-7585 (fax)
e: KKF@fmhc-law.com

• 2000 - Member. The Accord Group, LLC. Specializes in facilitation and mediation.
• Member, State of Hawaii Judiciary committees on selecting vendors to implement an electronic court filing system and to implement a new computerized management system for all courts (district court through supreme court).
• Hawaii Justice Foundation. Consultant on the status of the statewide referral program for the Legal Aid Society and plans for computerizing the system.
• Member, mediation and facilitation panel for the Alternate Dispute Resolution Center, State Judiciary.
• Mediator, facilitator and arbitrator. Examples of facilitation or mediation experience: State of Hawaii Infrastructure Docket (telecommunications deregulation docket; contract with the PUC); facilitation for prescriptive rights by psychologists; Hawaii Information Congress (planning and facilitation); Hawaii Tourism Congress (planning); Hawaii Judicial Foresight Congress (planning for the judiciary); State of Hawaii deregulation of the electrical industry (contract with the PUC); University of Hawaii service learning master plan initiative. Also, mediation between private parties including family members, litigation participants and board of director’s dispute.