b. Scope of application

b. Scope of application

The Mediation Ordinance (Cap. 620) applies to mediation conducted under a written agreement to mediate. It applies where the mediation is conducted wholly or partly in Hong Kong. It also applies where the parties have agreed that Hong Kong law should apply to the mediation. 

The Ordinance also applies to the Government. This means that, where the Ordinance applies, public authorities are generally subject to the same mediation framework and confidentiality rules as private parties. 

The Ordinance does not apply to every process that may involve settlement discussions or conciliation. Schedule 1 excludes certain statutory procedures from the application of the Ordinance, such as conciliation under the Labour Tribunal Ordinance (Cap. 25https://www.hklii.hk/en/legis/ord/609), the Sex Discrimination Ordinance (Cap. 480https://www.hklii.hk/en/legis/ord/609), and mediation conducted within the specific “Med-Arb” or “Arb-Med” frameworks governed by the Arbitration Ordinance (Cap. 609https://www.hklii.hk/en/legis/ord/609). 

These exclusions are intended to avoid overlap or conflict with specialised statutory schemes. Those processes are governed by their own statutory rules.