a. Core objective and definition
Under section 3 of the Mediation Ordinance (Cap. 620), its purpose is to promote, encourage and facilitate the resolution of disputes by mediation. It also provides statutory protection for the confidentiality of mediation communications. This is important because parties are more likely to speak frankly during mediation if they know that what they say will not normally be used against them later in court or other proceedings.
Under section 4, mediation is defined as a structured process comprising one or more sessions in which one or more impartial individuals assist the parties to do any or all of the following:
- identify the issues in dispute;
- explore and generate options for resolving the dispute;
- communicate with one another; and
- reach an agreement regarding the resolution of the whole or part of the dispute.
While the Ordinance does not explicitly prohibit other models, it is designed to support the facilitative model of mediation, which is the dominant standard for training and accreditation in Hong Kong.
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