Home Dispute Resolution Arbitration What is Arbitration?

What is Arbitration?

Home Dispute Resolution Arbitration What is Arbitration?

What is Arbitration?

by lee

What is Arbitration

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The mediator is a qualified and trained facilitator to assist the parties to analyze the issues in disputes, problems, needs, concerns etc. The independent and neutral mediator would facilitate the parties to communicate, identify possible options in order to achieve mutually acceptable options or win-win options to resolve parties needs and concerns. The mediator may assist the parties or their solicitors to prepare a mediation settlement agreement. If the parties have agreed the terms and signed on the mediation settlement agreement, it would be legally binding.

Mediation as an ADR process

The Civil Procedural Rules 1998 in United Kingdom3 (and similar rules established in common law jurisdictions like United States, Malaysia, Singapore and H.K.) placed duties to the Court, parties and lawyers to consider Alternative Dispute Resolution (ADR). Lawyers should inform and advise their clients to consider mediation as a method to resolve disputes in addition to court litigation. Cost sanctions may be imposed by Court to parties who decline to mediation during litigation without lawful or reasonable justifications in cases where the Court considers that mediation is appropriate. This is provided under Practice Direction 314 that applies to all civil proceedings in H.K.

Hong Kong Mediation Ordinance (Cap 620) and Hong Kong Mediation Code

In Hong Kong, mediation should be conducted in accordance with the Hong Kong Mediation Ordinance (Cap. 620) and the standards as provided in the Hong Kong Mediation Code. The HKIArb had been fully supporting mediation in Hong Kong in full compliance to the Ordinance and Mediation Code.

In addition, the HKIArb and its experienced mediators had been involved in related major mediation development such as the consultation of Apology Ordinance (Cap. 631), as founding member of the Joint Mediation Helpline Office Ltd. to promote the use of mediation and the continuous development of the Hong Kong Mediation Accreditation Association Ltd.

HKIArb List of Mediators

The HKIArb Council had set up a List of Mediators based upon the standards as defined in the Hong Kong Mediation Ordinance (Cap. 620), Hong Kong Mediation Code and standards set up by the Hong Kong Mediation Accreditation Limited.

In addition, HKIArb List of Mediators shall comply with all requirements set by the Council of HKIArb to ensure continuous upkeep and enhancement of mediation standards or skills for conducting mediation in Hong Kong, Mainland PRC and Asia Pacific.

• Website – HKIArb List of Mediators to be provided by Secretariat.
• Website – Selected HKIArb Mediators will have CV attached in web-link similar to existing practices.

HKIArb Mediation Rules and Mediation Clause

The HKIArb Mediation Rules and Mediation Clause were approved by the Council of HKIArb in 2016/2017. They would be continuously reviewed by the HKIArb Council to meet our objectives, professional standards and future development.

Appointment of Mediators by HKIArb

HKIArb provides the services of mediator appointment and administration for institutional mediation. Besides, HKIArb is a founding member of the JMHO, a member of the Guangdong-Hong Kong-Macao Mediation Alliance as well as other reputable international mediation network and alliances.

The HKIArb welcomes any contractual parties in Hong Kong, Mainland PRC and Asia Pacific to approach our Secretariat or Council for advices on mediation, nomination of mediators or arrangement for institutional administered mediation in accordance with prevailing local or international standards and best practices.

Code of Ethics

Mediators are obliged to take necessary CPD training according to the requirements set up by the Council of HKIArb.

Mediator shall conduct the mediation process in accordance with the applicable laws, rules for mediation, Hong Kong Mediation Code and Code of Ethics set up by the Council of HKIArb. Mediator shall also explain clearly the process of mediation to the parties.

Brief CV of Chair of Mediation Committee

To be provided separately to Hon. Secretary.