What is Mediation
Mediation is a private, voluntary, flexible, confidential and without prejudice process assisted by a neutral, independent and impartial mediator. It has the unique merits of being flexible, speedy, cost-effective and confidentiality as a dispute resolution method as compare to open litigation and arbitration.
The mediator is a trained facilitator to assist the parties to discuss the issues in disputes, problems, needs, concerns etc. The mediator would facilitate the parties to communicate, identify possible settlement options in order to achieve a mutually acceptable mediation settlement agreement. The mediation settlement agreement is legally binding to the parties and can be enforced in a court.
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.
The HKIArb welcomes any parties to mediate in Hong Kong, Mainland PRC and Asia Pacific to approach our Secretariat for information on mediation, nomination of mediators or arrangement for institutional administered mediation in accordance with prevailing local or international standards and best practices.
Brief CV of Chair of Mediation Committee
To be provided by Mr. Lung.