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:

• Report of the Working Group on Mediation

• The Executive Summary

The Working Group made 48 recommendations and members of the public were invited to send comments and views on the findings and the recommendations in the Report.  The Public Consultation period has ended and the Department of Justice is examining the comments received.

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