The Report of the Working Group on Mediation
The Secretary for Justice, as Chairman of the Working Group on Mediation, speaking at a Press Conference on the 8 February 2010  released the following documents:
The Working Group has made 48 recommendations and members of the public are invited to send comments and views on the findings and the recommendations in the Report on or before 8 May 2010 to the following address:
Department of Justice
1/F, High Block, Queensway Government Offices
66 Queensway, Hong Kong
(Attention: Ms Sou Chiam, Deputy Principal Government Counsel)
Email: mediation@doj.gov.hk
Fax: 2869 0720
The Department of Justice and the Working Group may, both in discussions with others or in any subsequent reports or publications, refer to and attribute comments submitted by you unless you request us to treat all or part of your comments in confidence. If no such written request is made, it will be assumed that your comments are not intended to be confidential.
Please note that your name, affiliations and comments may be posted on the Department of Justice’s website or referred to in papers or reports we may publish. If you do not wish for your name and other particulars to be disclosed, please state so in writing when you send in your comments. Any personal data submitted will only be used for the purposes which are directly related to the public consultation on this Report. Such data may be transferred to other Government departments/agencies for the same purposes. For access to or correction of your personal data, please contact Ms. Sou Chiam (see above).
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The Report covers:
FOREWORD BY THE SECRETARY FOR JUSTICE
1. INTRODUCTION TO MEDIATION IN HONG KONG
- Chief Executive’s Policy Address 2007-2008
- Civil Justice Reforms and mediation
2. THE WORKING GROUP ON MEDIATION
3. MEDIATION
- Understanding Mediation and its Terminology
- General definition of mediation
- Different models of mediation
- Variations of mediation process
- Differentiating between mediation and conciliation
- Chinese terms for “mediation” and “conciliation”
- Private and public dimensions of mediation and conciliation
- Other terms
- Merits of mediation
4. OVERVIEW OF CURRENT DEVELOPMENT OF MEDIATION
- Introduction
- Construction Mediation
- Family Mediation
- Commercial Mediation
- Community Mediation
- Building Management Mediation
- Mediation for Parents
- Peer Mediation in Schools
- Victim-offender Mediation
5. PUBLIC EDUCATION AND PUBLICITY
- Promoting Public Education on Mediation
- Parties involved in Promotion
- Leading Corporations and the ‘Mediate First’ Pledge
- Appropriate Pace of Mediation Promotion
- Types of Disputes Suitable for Mediation
- Public and Private Support for Community Mediation
- Promotion of Mediation in School
- Life Cycle Mediation Education
- Mediation Training for Legal Professions
- Mediation Training in Law Schools
- Announcement in the Public Interest
6. ACCREDITATION AND TRAINING
- General Approach
- An Umbrella Body?
- Standardised System of Accreditation
- A Common Code of Conduct for Mediators
- Options for Enforcement of Hong Kong Mediation Code
- A Mediation Handbook
- Particular Issues under Terms of Reference
- Local and Overseas Accredited Mediators
- Quality of Mediators and Ongoing Professional Development Standards
- Cooperation of Judiciary with Legal and Mediation Professions to ensure Quality of Mediators
- Legislation to deal with Accreditation of Mediators
- Practical Experience for New Mediators
7. REGULATORY FRAMEWORK
- Whether or not to have legislation on mediation
- Arguments against legislation on mediation
- The international scene
- Reasons for legislation on mediation
- Recommendation
- Separate legislation or amending existing legislation
- Scope of the proposed legislation on mediation
- Definitions of key terminology
- Objectives and principles
- Mediation agreement and enforcement
- Mediation process
- Confidentiality and privilege
- Mediator immunity
- Limitation Periods
- Enforcement of mediated settlement agreements
- Model mediation rules
- Apology
- Application to the Government
- Whether there should be compulsory mediation
- Provision of mediation services by the Judiciary
- Cross-boundary enforcement of agreements
- Legal aid for mediation
8. SUMMARY OF RECOMMENDATIONS
9. Annexures
ANNEX 1 |
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List of Legislative Provisions on Mediation and Conciliation in Hong Kong |
ANNEX 2 |
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Mediation Service Providers in Hong Kong |
ANNEX 3 |
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Report on Lehman Brothers-related Investment Products Dispute Mediation and Arbitration Scheme |
ANNEX 4 |
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Accreditation Requirements of some Hong Kong Mediator Accrediting Organisations |
ANNEX 5 |
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Course Description for some Hong Kong Mediator Training courses |
ANNEX 6 |
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Training and Accreditation Requirements in some other jurisdictions |
ANNEX 7 |
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The Hong Kong Mediation Code |
ANNEX 8 |
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Some Options for Regulatory Enforcement of the Hong Kong Mediation Code |
ANNEX 9 |
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Continuing Professional Development ('CPD') requirements for some Mediator Accrediting Organisations in Hong Kong |
ANNEX 10 |
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CPD requirements for some Mediator Accrediting Organisations in other jurisdictions |
ANNEX 11 |
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Mediation Regulation in Various Jurisdictions |
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