A. Overview
Mediation is a flexible, confidential, and consensual process in which a neutral and impartial person, known as a mediator, actively assists the parties in working towards a negotiated resolution of their dispute or difference. The parties remain in ultimate control of both the decision to settle and the terms of any settlement. The mediator does not adjudicate the dispute, impose a decision, or determine who is right or wrong.
In Hong Kong, mediation has developed from an informal dispute resolution practice into a structured and legally recognised process. The Mediation Ordinance (Cap. 620), which came into effect on 1 January 2013, provides a statutory framework for mediation while preserving the flexibility that is central to the process. The Ordinance is intended to give mediation a proper legal foundation without creating a rigid “strait-jacket” that would undermine its practical and facilitative nature.
Mediation is especially valued because it is informal, consensual, and facilitative. It allows parties to preserve relationships, explore practical solutions, and reach outcomes that may not be available through court proceedings. In the Asian cultural context, mediation and conciliation have also traditionally been regarded as attractive means of resolving disputes because they encourage harmony and may help parties preserve dignity and “face”.
Print
Email
