Global Vision
Mediation is a voluntary, confidential and private dispute resolution process in which a neutral person, the mediator, helps the parties to reach their own negotiated settlement agreement. The mediator has no power to impose a settlement. Mediator’s function is to overcome any deadlock between the disputed parties and encourage them to reach anamicable settlement.
Aim of mediation is not to seek a judgment from mediator in order to decide who is right or wrong. Instead the mediator try to facilitate the disputed parties achieve a mutually acceptable settlement in amicable way.
A mediator shall be an impartial individual. Objects of the ordinance are to promote, encourage and facilitate the resolution of disputes by mediation; and to protect the confidential nature of mediation communications.
Core essence of mediation is to
Such piece of practice direction was issued by Chief Justice Geoffrey Ma on 14th Aug 2014 and effective from 1 Nov 201. Aim of this Practice Direction (“PD”) is to assist the Court to discharge the duty of facilitation of settlement of disputes. It applies to all civil proceedings in the Court of First Instance and the District Court which have been begun by writ.
Before commencement of a civil litigation, the disputed parties shall conduct a mediation as their first attempt to dispute resolution. Failure to follow such practice direction before commencement a civil litigation, there will be a serious cost order imposing to the party who reject to mediation without a good reason.
There is no statutory qualification to mediator in Hong Kong. Mostly, mediators are trained under a professional organization and accredited thereby. Hong Kong Mediation Accreditation Association Limited (“HKMAAL”) is one of the well-known association to accredit mediators.
Where can you find a qualified mediator
There are a certain amount solicitor or barrister holding multiple qualification of lawyer, mediator and arbitrator. From their professional bodies’ website, you may easily find out who possess an accredited mediator qualification.
Hong Kong Bar Association
https://www.hkba.org/Bar-List/mediators
Law Society of Hong Kong
https://www.hklawsoc.org.hk/en/Serve-the-Public/List-of-Legal-Service-Providers/Panels-of-Mediators?name=&admission=
Hong Kong International Arbitration Centre (HKIAC)
https://www.hkiac.org/mediation/mediators/hkiac-panel-of-mediators
We are providing you independent advisory services on procedure and mediator selection. We don’t act as mediator by ourselves to clients. Instead, we act as co-ordinator and facilitator to our clients in this regard.