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        Honolulu Hawaii Mediator - Arbitrator - Attorney 
            
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                 Training                   
                  
                  Family  Decision-Making Process  
                   
                  PREAMBLE  
               We agree that we need to work  together to make important decisions concerning our family.  Out of genuine love and respect for one  another, and in order to preserve family unity and harmony, we have agreed on  the following process for working together to resolve family-related issues.  
               1.    CONVENING  A MEETING 
               When a family-related issue  is to be decided, any family member may call the family to a meeting.  The notice of the meeting will include the  time and date of the meeting, and the purpose for which the meeting is  called.  To the greatest extent possible,  the meeting time and place will be set according to the convenience of all  family members. 
               2.    CONDUCTING  THE MEETING  
               In order that the meetings  accomplish the dual purpose of promoting family unity and reaching decisions on  specific issues, the following guidelines will be followed: 
               
                 -  Either  an agred-upon family member or an agreed-upon impartial facilitator will be in  charge of conducting the meeting.  In the  event a family member chairs the meeting, that family member may vote on  issues.  In the event a non-family  facilitator chairs the meeting, he or she shall not voice opinions concerning  the substance of issues before the members, and shall not vote on any issue.
 
                 - An agenda of the issues to be discussed  and decided will be provided to all members with the notice of the meeting.
 
                 -  The Chair of the meeting will arrange for  a memorandum reflecting any agreement reached at the meeting.  The memorandum shall be signed by the family  members attending the meeting. Copies of the memorandum will be provided to family  members by the Chair.  
 
                 -  The issues for discussion at the meeting  shall be taken up one at a time.  This  means that the items on the agenda will be taken up in order and disposed of  before the family goes on to the next item in the agenda.
 
                 -  Participants at the meeting will take  equal turns speaking, and only one person can speak at a time.  Whenever possible, no participant shall speak  twice until all have had the opportunity to speak.
 
                 -  Everyone will try to listen to one  another in the spirit of family harmony and friendship.
 
                 -  The chair shall ensure that all sides of  an issue are heard.  The rights and  interests of minority or absent members shall be recognized and  considered.  
 
                 -  In the event the family cannot reach  agreement on an issue, they agree to submit the issue to mediation before  resorting to arbitration or litigation.  
 
                 -  In the event the family cannot reach agreement on an issue 
 
                   through negotiation and/or  mediation, they agree to  
                   continue to work together in  good faith on the other issues  
                    before them. 
                 -  In the event the family cannot reach  agreement on an issue 
 
                   through mediation, they agree  to decide the issue by  
                   majority  rule.   
                 -  Decisions and action plans shall be noted  in the memorandum of the meeting, and specific persons shall be designated with  the responsibility for carrying out such decisions and action plans.
 
                 -  When the agenda items are finished and  the family has no further business to propose, the meeting shall be adjourned.
 
                
           
                 3.    GENERAL  PROVISIONS 
                 
                   -  Among the family, everything will be  accomplished in the spirit of openness, and not secrecy.  Each family member   has  the right to know what is going on by attending meetings, inspecting the  memoranda of meetings and all other records, and receiving notices and reports  concerning family-related issues.  
 
                   - Unless otherwise agreed, and except for  the purpose of carrying out the decisions of the family, the proceedings and  the memoranda of the meetings of the family shall be confidential.  The meetings and/or mediations held herein  shall be pursuant to Hawaii  Rule of Evidence 408, which provides that evidence of conduct or statements  made in compromise negotiations or mediation proceedings is not  admissible.
 
                   - The expenses incurred in implementing  this Decision-Making Process (such as postage and copying costs, and the fees  of the facilitator or mediator) shall be borne equally by the family members.
 
                   - The family agrees to use their best efforts to attend and participate in the meetings and/or  mediations held pursuant  to this Decision-Making Process.
 
                  
                 [Signatures] 
                   
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