Mediation in HK

By Kelvin Lau
 Mediation Arbitration

Definition A method in which the parties do not Procedure in which an independent third
have to go to court to find a solution, party studies the dispute in detail, listens
but attend an informal meeting in the to the parties involved, obtains relevant
presence of a mediator information and then makes a decision

Nature Dispute Resolution Private Trial

Role Facilitator / Moderator Judge

Communication Exchange of ideas, private sessions Hearing

Basis of results Interests and needs Evidence and Facts

Decision Reach an agreement Legal binding

Relevant Ordinance

 Mediation Ordinance (Cap. 620)

 Apology Ordinance (Cap. 631)

Coverage

 Labour Dispute

 Marriage, Family

 Commercial

 Public
Some Basics…
Some Basics…(1)

 Before the scene

 Mediator, Party A, Party B

 Lobbying
Some Basics…(2)

 Opening Statement

 Voluntary

 Confidentiality

 Neutrality
Some Basics…(3)

 Setting Agenda
Some Basics…(4)

 Joint Session 1

 Exploring Party’s Interest

Some Basics…(4a)

 Private Session

 BATNA

 the Best Alternative To a Negotiated Agreement

 thelowest acceptable value (outcome) to an individual for

a negotiated agreement
Some Basics…(5)

 Joint Session 2

 Exchanging Solution

 Settlement
Some Basics…(6)

 Voluntary  Mind the words

 Confidentiality  Facilitative

 Neutrality  Win-win
Always asking WHY ?!
~ Thank you ~