Mediation

Mediation is growing in popularity as a time and cost efficient way to resolve disputes sensibly. Our lawyers have a wealth of experience in mediation across a broad range of disputes. We act for both parties in mediation and as fully accredited mediators. As impartial facilitators we assist parties to reach a negotiated settlement as an alternative to court proceedings.

Mediation gives parties the opportunity to:

  • Discuss the issues and clear up misunderstandings
  • Determine underlying interests or concerns
  • Find areas of agreement and incorporate those into resolutions
  • Generate and agree mutually acceptable solutions
  • Ensure confidentiality
  • Tailor an outcome which can be embodied in a legally enforceable settlement agreement, or a court order

Frequently asked questions

Hong Kong first introduced mediation as a voluntary resolution process under the Civil Justice Reform (CJR) on April 2, 2009. On January 1, 2013, the Hong Kong Mediation Ordinance came into force, providing both a regulatory framework for mediation. The Practice Direction on Mediation (PD 31), meanwhile, came into effect on November 1, 2014 and created a procedural framework for mediation in court proceedings. Under PD 31, sanctions can be imposed on parties to a civil dispute who refused to explore the possibility of settlement through mediation.

Mediation involves attempting to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. It is considered a type of Alternative Dispute Resolution (ADR).

Mediation is a faster, more efficient and confidential approach to resolve disputes and it also allows companies to engage in without prejudice discussions prior to or after launching litigation.  If successful, it is a much cheaper option than litigation.

A successful mediation depends on the right mediator with solid skills, the parties’ willingness to settle, the attitude of the parties’ legal representatives, the respective strengths of the parties’ case, and whether there are any other consequences that are not within the control of both parties.

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