Department of Justice The Government of the Hong Kong Special Administrative Region February 2010
Introduction to mediation in Hong Kong
“If people were more ready to discuss their disputes frankly, to try to understand the other party to the conflict and to strive to find a solution acceptable to both; if the training, techniques and procedures for mediation and court-processed mediation were given more publicity and were to evolve to maturity through time and practice, mediation would assume a more important role in the resolution of disputes to the benefit of all and contribute towards a ‘Culture of Peace’.”
Elsie Leung, ‘Mediation – A Cultural Change’2
1.1 Mediation is taking root in Hong Kong. It is already well-developed in relation to certain areas such as construction disputes. However, there is much more development required in areas such as community disputes. Mediation can result in settlements which go beyond the legal remedies that a court may allow. Mediation service providers are becoming active in the training and accreditation of mediators. Various professional bodies are also developing mediation within their own bodies. They include the Law Society of Hong Kong (“Law Society”), the Hong Kong Bar Association (“Bar Association”), the Hong Kong Institute of Architects, the Hong Kong Institute of Surveyors, the Royal Institution of Chartered Surveyors Hong Kong, the Chartered Institute of Arbitrators (East Asia Branch) and the Hong Kong Institute of Arbitrators. The Hong Kong Medical Association has a Patients Complaints Mediation Committee and members who mediate in medical disputes.3 The Hong Kong Dental Association had a Patient Complaints Mediation Committee.4 Law faculties in various universities are developing mediation courses and actively promoting mediation.