12 October 2014
Abstract: The Hong Kong Mediation Ordinance (the ‘Ordinance’) was passed on 15 June 2012 and came into force on 1 January 2013. The Ordinance applies when mediation is conducted at least partially in Hong Kong or pursuant to a written agreement to mediate which refers to the law of Hong Kong or the Ordinance itself. It aims to provide a regulatory framework for promoting the use of mediation as a dispute resolution process and protecting the confidential nature of mediation communications. It defines ‘mediation’ as a facilitative process in which one or more neutrals assist disputants to identify the issues in dispute, explore and generate options, communicate with one another, and/or reach a settlement agreement as to the whole or part of the dispute. Further, it prohibits disclosure or admissibility of mediation communications unless in exceptional circumstances or with leave of the court. Click here to download the full paper from SSRN.