Mediation

Mediation

Mediation is a voluntary and private process in which a properly trained, impartial, and independent mediator facilitates the parties in dispute, reaching an amicable settlement that is responsive to their needs and acceptable to all parties.

Key Advantages of Mediation

  • Parties can control both the procedure and outcome of dispute resolution.
  • The process and settlement details can be kept private and confidential.
  • Mediation can result in a win-win situation.
  • Mediation can help restore, maintain, and improve a continuing business relationship with the other party/parties in dispute.
  • Mediation can commence in conjunction with arbitration and litigation.
  • Mediation can narrow down the disputes, if not successful, to save costs and time in any subsequent arbitration or litigation.

AALCO-HKRAC Mediation Rules

2024 AALCO-HKRAC Mediation Rules provides parties entering into a contract or otherwise trying to resolve disputes with a set of user-friendly and cost-effective procedural rules for conducting mediation proceedings with the help of AALCO-HKRAC, a truly country-neutral international law organisation operating under the auspices of AALCO which has 48 countries as member states. Please click to view the 2024 Mediation Rules and 2024 Mediation Schedule of Fees

Legislative Framework for Mediation in Hong Kong

  • Mediation Ordinance

The Mediation Ordinance (Cap 620 of the Laws of Hong Kong), effective 1 January 2013, promotes, encourages and facilitates the resolution of disputes by mediation, and protects the confidential nature of mediation communications.  

  • Apology Ordinance

The Apology Ordinance (Cap 631 of the Laws of Hong Kong), effective 1 December 2017, promotes and encourages apologies to prevent disputes from escalating and facilitate their amicable resolution.

  • The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017

The amended Arbitration Ordinance (Cap. 609) and the Mediation Ordinance (Cap. 620) clarify that third party funding of arbitration, mediation and related proceedings is permitted.