c. Key statutory definitions
The Mediation Ordinance (Cap. 620) introduces and defines important mediation-related concepts, including:
- Mediation communication: anything said or done, any document prepared, or any information provided for the purpose of, or in the course of, mediation. This broad definition helps protect discussions, statements, proposals, information and documents generated for mediation. However, the Ordinance expressly excludes both the agreement to mediate and the mediated settlement agreement from the definition of mediation communication.
- Agreement to mediate: a written agreement by two or more persons to submit a dispute to mediation. An agreement to mediate must be in writing in order to fall within the Ordinance.
Mediated settlement agreement: an agreement reached by the parties as a result of mediation, resolving the whole or part of a dispute. Although written settlement agreements are standard practice, the Ordinance does not strictly require a mediated settlement agreement to be in writing for it to be binding. A mediated settlement may therefore be enforceable under general common law principles where the necessary legal requirements for a binding agreement are satisfied.
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