The Current Development and The Current Development and Issues of Mediation in Hong KongIssues of Mediation in Hong Kong

The The HonourableHonourable MrMr Justice Johnson LAM, Justice Johnson LAM, The The HonourableHonourable MrMr Justice Johnson LAM, Justice Johnson LAM, ViceVice--PresidentPresident

Justice of Appeal of the Court of Appeal of the High Court, Justice of Appeal of the Court of Appeal of the High Court, the Judiciarythe Judiciary

Ms. April LAMMs. April LAMSenior Mediation Affairs Officer, the JudiciarySenior Mediation Affairs Officer, the Judiciary

10.12.201510.12.201511

Overview of Mediation Overview of Mediation Development in the JudiciaryDevelopment in the Judiciary

•• Pilot scheme in Family Mediation in 2000Pilot scheme in Family Mediation in 2000

•• Civil Justice ReformCivil Justice Reform

•• Other schemes: construction cases, building Other schemes: construction cases, building management cases, shareholders’ disputes, management cases, shareholders’ disputes, management cases, shareholders’ disputes, management cases, shareholders’ disputes, personal injuries casespersonal injuries cases

•• PD 31, PD 3.3, PD 6.1, PD 15.10, PD 18.1, PD 31, PD 3.3, PD 6.1, PD 15.10, PD 18.1, PD 18.2, PD 20.2, LTPD BM No.1/2009, PD 18.2, PD 20.2, LTPD BM No.1/2009, LTPD CS No.1/2011LTPD CS No.1/2011

•• Private Financial Adjudication PD SL9Private Financial Adjudication PD SL9

•• Mediation StatisticsMediation Statistics 22

Chief Justice’s Chief Justice’s Working Working Party on MediationParty on Mediation

•• Established in 2007Established in 2007

•• The facilitation of consensual mediation of The facilitation of consensual mediation of civil disputes in the Court of First Instance, civil disputes in the Court of First Instance, civil disputes in the Court of First Instance, civil disputes in the Court of First Instance, the District Court and the Lands Tribunal the District Court and the Lands Tribunal

•• Focus on measures that could be Focus on measures that could be implemented by the Judiciary implemented by the Judiciary

•• CrossCross--sectional membership sectional membership

33

The works of the Working PartyThe works of the Working Party

•• A platform for the major stakeholders to A platform for the major stakeholders to exchange views about the promotion of exchange views about the promotion of mediation within the civil justice mediation within the civil justice mediation within the civil justice mediation within the civil justice frameworkframework

•• Monitoring the progress of mediation Monitoring the progress of mediation schemes, the works of mediation coschemes, the works of mediation co--ordinatorordinator/ information offices, discussions / information offices, discussions on mediation statistics on mediation statistics

44

The law on agreement The law on agreement between parties in between parties in between parties in between parties in matrimonial casesmatrimonial cases

55

The general law on agreementThe general law on agreement•• Contract : consensus between the partiesContract : consensus between the parties

•• Though there is no formal requirement for Though there is no formal requirement for writing for most agreements (except writing for most agreements (except agreements on interests in land), we shall agreements on interests in land), we shall agreements on interests in land), we shall agreements on interests in land), we shall focus on agreements in writingfocus on agreements in writing

•• The consent to an agreement is generally The consent to an agreement is generally manifested by signing on the agreementmanifested by signing on the agreement

•• Draft without prejudice agreement : not Draft without prejudice agreement : not binding until signed binding until signed

66

“Without Prejudice”“Without Prejudice”

•• “without prejudice” privilege“without prejudice” privilege

•• “subject to contract” “subject to contract”

•• “without prejudice save as to costs”“without prejudice save as to costs”

•• Documents produced to the court, Documents produced to the court, •• Documents produced to the court, Documents produced to the court, including mediated agreements, should including mediated agreements, should not be marked “without prejudice”not be marked “without prejudice”

•• “subject to approval by the court”“subject to approval by the court”

77

Agreements in matrimonial contextAgreements in matrimonial context

•• PrePre--nuptial agreementsnuptial agreements

•• PostPost--nuptial agreementsnuptial agreements

•• Separation agreementsSeparation agreements•• Separation agreementsSeparation agreements

•• Maintenance agreementsMaintenance agreements

•• Settlement agreements Settlement agreements

•• Mediated agreementsMediated agreements

88

Effects of agreement of the Effects of agreement of the parties in family proceedingsparties in family proceedings

•• It is possible to make a binding agreement between a It is possible to make a binding agreement between a couple about financial consequences upon separationcouple about financial consequences upon separation

•• But they could not oust the jurisdiction of the courtBut they could not oust the jurisdiction of the court

•• In family proceedings, the court makes order on In family proceedings, the court makes order on •• In family proceedings, the court makes order on In family proceedings, the court makes order on ancillary relief pursuant to the relevant statutory ancillary relief pursuant to the relevant statutory powerpower

•• Before the court makes an order, it has a duty to Before the court makes an order, it has a duty to conduct independent assessment so as to discharge conduct independent assessment so as to discharge its statutory functionits statutory function

•• But the court will give due weight to the agreement But the court will give due weight to the agreement between the parties between the parties

99

Relevant factors in assessing Relevant factors in assessing weight attached to an agreementweight attached to an agreement

•• L v C [2007] 3 HKLRD 819; L v C [2007] 3 HKLRD 819; SPH v SA (2014) 17 HKCFAR 364 SPH v SA (2014) 17 HKCFAR 364 parapara 3030

•• In the absence of unfair or unconscionable In the absence of unfair or unconscionable circumstances surrounding the conclusion circumstances surrounding the conclusion circumstances surrounding the conclusion circumstances surrounding the conclusion of the agreement and material and drastic of the agreement and material and drastic unforeseen circumstances arising unforeseen circumstances arising thereafter such as to cause manifest thereafter such as to cause manifest prejudice to one of the parties, the courts prejudice to one of the parties, the courts will hold the parties to their bargain will hold the parties to their bargain

1010

Consent orderConsent order

•• Once an agreement was incorporated into a Once an agreement was incorporated into a consent order, it derives its authority from consent order, it derives its authority from the court, not the consent of the partiesthe court, not the consent of the parties

•• The provisions in the consent order must be The provisions in the consent order must be those within the court’s power to make. those within the court’s power to make. those within the court’s power to make. those within the court’s power to make. Other provisions agreed between the parties Other provisions agreed between the parties can be effected through undertakings given can be effected through undertakings given by parties to the courtby parties to the court

•• Breach of such undertaking is a contempt of Breach of such undertaking is a contempt of court court

1111

Duty of full and frank disclosureDuty of full and frank disclosure

•• Special nature of matrimonial proceedings: Special nature of matrimonial proceedings: duty of a party to give full and frank duty of a party to give full and frank disclosure. Without fulfillment of such duty, the disclosure. Without fulfillment of such duty, the court cannot perform its statutory functioncourt cannot perform its statutory functioncourt cannot perform its statutory functioncourt cannot perform its statutory function

•• Breach of such duty can give rise to the Breach of such duty can give rise to the possibility of a consent order being set aside possibility of a consent order being set aside when the nonwhen the non--disclosure result in an order disclosure result in an order which is substantially different from the order which is substantially different from the order which the court would have made if there was which the court would have made if there was proper disclosureproper disclosure

1212

SharlandSharland v v SharlandSharland [2015] UKSC 60[2015] UKSC 60GohilGohil v v GohilGohil [2015] UKSC 61[2015] UKSC 61

•• Accidental or negligent nonAccidental or negligent non--disclosure: the disclosure: the applicant must also establish that the effect of applicant must also establish that the effect of nonnon--disclosure was such that the order made disclosure was such that the order made nonnon--disclosure was such that the order made disclosure was such that the order made by the court was substantially different from by the court was substantially different from the order which would have been made if the order which would have been made if there was proper disclosurethere was proper disclosure

•• Intentional nonIntentional non--disclosure: it is deemed to be disclosure: it is deemed to be material unless the defaulting party can show material unless the defaulting party can show on balance of probabilities that it was not soon balance of probabilities that it was not so

1313

•• Came into operation on Came into operation on

1 January 20131 January 2013

Mediation Ordinance Mediation Ordinance (Cap. 620)(Cap. 620)

1 January 20131 January 2013

•• Promotes, encourages & facilitates Promotes, encourages & facilitates the resolution of disputes by the resolution of disputes by mediationmediation

1414

Mediation Ordinance Mediation Ordinance (Cap. 620)(Cap. 620)

–– Section 8 Section 8 –– confidentiality of mediation confidentiality of mediation communication, exceptions:communication, exceptions:

••Consensual disclosureConsensual disclosure

•• information already in public domaininformation already in public domain

••••Discovery in civil proceedingsDiscovery in civil proceedings

•• Prevention of danger of injury or serious harmPrevention of danger of injury or serious harm

••Research or educational purposesResearch or educational purposes

•• Seeking legal adviceSeeking legal advice

••With leave, for enforcing or challenging a mediated With leave, for enforcing or challenging a mediated settlement agreement; complaint of misconduct; or settlement agreement; complaint of misconduct; or other justifiable circumstances other justifiable circumstances

1515

The Court’s Approach to Incidence The Court’s Approach to Incidence and Exceptions of Confidentialityand Exceptions of Confidentiality

•• The courts recognized the fundamental The courts recognized the fundamental importance of confidentiality of mediation importance of confidentiality of mediation communication: Champion Concord Ltd v communication: Champion Concord Ltd v Lau Koon Lau Koon FooFoo, FACV 16 & 17/2010; , FACV 16 & 17/2010; S v T [2011] 1 HKLRD 534S v T [2011] 1 HKLRD 534Lau Koon Lau Koon FooFoo, FACV 16 & 17/2010; , FACV 16 & 17/2010; S v T [2011] 1 HKLRD 534S v T [2011] 1 HKLRD 534

•• Mediation communication is generally Mediation communication is generally covered by “without prejudice” privilege: covered by “without prejudice” privilege: Wu Wei v Liu Yi Ping HCA 1452/2004; Wu Wei v Liu Yi Ping HCA 1452/2004; Chu Chung Ming v Lam Chu Chung Ming v Lam WaiWai Dan Dan HCCW 377/2011 HCCW 377/2011

1616

The Court’s Approach to Incidence The Court’s Approach to Incidence and Exceptions of Confidentialityand Exceptions of Confidentiality

•• There are exceptions where the interest of There are exceptions where the interest of justice requires disclosure to resolve, justice requires disclosure to resolve,

•• Whether there is a concluded compromise Whether there is a concluded compromise •• Whether agreement is to be set aside for Whether agreement is to be set aside for •• Whether agreement is to be set aside for Whether agreement is to be set aside for misrepresentation, fraud or undue influencemisrepresentation, fraud or undue influence

•• Whether there is perjury, blackmailWhether there is perjury, blackmail•• Whether there is explanation for delay in the Whether there is explanation for delay in the context of striking out for want of prosecutioncontext of striking out for want of prosecution

•• Without prejudice save as to costs situationWithout prejudice save as to costs situation

1717

Section 10(2) Mediation Ordinance: Section 10(2) Mediation Ordinance: relevant considerations for leave applicationsrelevant considerations for leave applications

•• Section 8(2)Section 8(2)

•• Public interest or the interests of the Public interest or the interests of the administration of justiceadministration of justiceadministration of justiceadministration of justice

•• Any other circumstances or matters that Any other circumstances or matters that the court considers relevantthe court considers relevant

1818

Family Mediation Family Mediation Supervision Pilot SchemeSupervision Pilot SchemeSupervision Pilot SchemeSupervision Pilot Scheme

1919

BackgroundBackground

•• The concept of family mediation has increasingly The concept of family mediation has increasingly gained acceptance by the community as a nongained acceptance by the community as a non--adversarial family dispute resolution process.adversarial family dispute resolution process.

•• The demand for family mediation is increasing.The demand for family mediation is increasing.•• The demand for family mediation is increasing.The demand for family mediation is increasing.

•• TThe Hong Kong Mediation Accreditation he Hong Kong Mediation Accreditation Association Limited (HKMAAL) and the Family Association Limited (HKMAAL) and the Family Mediation CoMediation Co--ordinator’sordinator’s Office (FMCO) of the Office (FMCO) of the Judiciary Judiciary have jointly launched the Pilot Scheme have jointly launched the Pilot Scheme to enhance the accreditation of family mediators to enhance the accreditation of family mediators since July 2014. since July 2014.

2020

•• To provide more live supervision To provide more live supervision opportunities for Trainee Family Mediators as opportunities for Trainee Family Mediators as well as General Mediators seeking to be well as General Mediators seeking to be accredited as Family Mediators.accredited as Family Mediators.

••

ObjectivesObjectives

•• To raise the professional standard of family To raise the professional standard of family mediation practice in Hong Kong, that is mediation practice in Hong Kong, that is pertinent to the development of family pertinent to the development of family mediation profession as a whole.mediation profession as a whole.

2121

Criteria for TraineesCriteria for Trainees

•• Trainee Family Mediator must complete Trainee Family Mediator must complete stage 1 Family Mediation Trainingstage 1 Family Mediation Training

•• For General Mediators, they have to attend a For General Mediators, they have to attend a •• For General Mediators, they have to attend a For General Mediators, they have to attend a 55--day conversion courseday conversion course

2222

Case NatureCase Nature

•• Each case shall be of a minimum of Each case shall be of a minimum of five five hourshours and must be sufficiently complex for and must be sufficiently complex for the Trainee to demonstrate the ability to the Trainee to demonstrate the ability to manage emotional intensity and mediate manage emotional intensity and mediate manage emotional intensity and mediate manage emotional intensity and mediate complex financial and child related matters.complex financial and child related matters.

2323

FeesFees

•• HKMAAL charges an administration fee of HKMAAL charges an administration fee of HK$2,000 per live family mediation from the HK$2,000 per live family mediation from the Trainee. The Trainee would pay Supervisor a Trainee. The Trainee would pay Supervisor a fee of HK$800 per hour (capped at fee of HK$800 per hour (capped at HK$12,000 for 15 hours per live family HK$12,000 for 15 hours per live family HK$12,000 for 15 hours per live family HK$12,000 for 15 hours per live family mediation, including intake or premediation, including intake or pre--mediation mediation interviews, briefing and debriefing)interviews, briefing and debriefing)

•• Parties are required to pay a nominal fee Parties are required to pay a nominal fee

($100 per party) to Family Mediation ($100 per party) to Family Mediation Supervisor.Supervisor.

2424

WorkflowWorkflowParties / Litigants may seek information from Parties / Litigants may seek information from

Family Mediation CoFamily Mediation Co--ordinator’sordinator’s Office (FMCO) at Family Court Office (FMCO) at Family Court (Enquiry, Information Sessions, videos, resource corner)(Enquiry, Information Sessions, videos, resource corner)

If the cases are referred by Court / Judges, FMCO may help If the cases are referred by Court / Judges, FMCO may help arrange both parties to attend I.S. and Prearrange both parties to attend I.S. and Pre--mediation consultationsmediation consultations

2525

FMCO sends the letter to HKMAAL for arranging mediation serviceFMCO sends the letter to HKMAAL for arranging mediation service

HKMAAL assigns the case to an HKMAAL Accredited Family HKMAAL assigns the case to an HKMAAL Accredited Family Mediation Supervisor and a Trainee Family Mediator Mediation Supervisor and a Trainee Family Mediator

If both parties show interest to seek family mediation of this If both parties show interest to seek family mediation of this Pilot Scheme, they should submit a letter of authorization to FMCOPilot Scheme, they should submit a letter of authorization to FMCO

To be Continued ……

WorkflowWorkflow

Upon receipt of the consent from the Family Mediation Upon receipt of the consent from the Family Mediation Supervisor and the Trainee, FMCO will make formal referral to Supervisor and the Trainee, FMCO will make formal referral to

the Family Mediation Supervisorthe Family Mediation Supervisor

Mediation conducted under the supervision of an HKMAAL Mediation conducted under the supervision of an HKMAAL Accredited Family Mediation Supervisor Accredited Family Mediation Supervisor

(HKMAAL Stage 2 Family Mediator Accreditation Requirement)(HKMAAL Stage 2 Family Mediator Accreditation Requirement)

2626

FMCO compiles statistical returns & reports the results to the FMCO compiles statistical returns & reports the results to the Chairman of Working Party on MediationChairman of Working Party on Mediation

(HKMAAL Stage 2 Family Mediator Accreditation Requirement)(HKMAAL Stage 2 Family Mediator Accreditation Requirement)

Family Mediation Supervisor sends the outcome to FMCOFamily Mediation Supervisor sends the outcome to FMCO

Updated figures Updated figures about the Scheme:about the Scheme:

•• Number of Supervisors joining the Scheme: Number of Supervisors joining the Scheme: 2828

Private Practitioner NGOs

14 14

2727

14 14

•• Number of Trainees enrolled: Number of Trainees enrolled: 3030

•• Number of Trainees applied for 2 cases under Number of Trainees applied for 2 cases under the scheme: the scheme: 55

•• Number of applications received: Number of applications received: 3535

Outcome of mediated cases Outcome of mediated cases as at 20.11.2015:as at 20.11.2015:

Level of agreement reachedNumber of cases

(%)

Average Time spent on Mediation per case

(hour)

Cases with Full agreement 16 (67%) 15

Cases with Partial agreement 5 (21%) 16

2828

Success rate

(cases with full/

partial agreement)

21 (88%) -

Cases with No agreement 3 (12%) 12

Total number of completed cases 24

Others

(e.g. cases on going, result pending, etc)

6

Outcome of mediated cases Outcome of mediated cases as at 20.11.2015:as at 20.11.2015:

Average duration Days

From the date of referring case from

FMCO to the date of assigning case to 8

2929

FMCO to the date of assigning case to

supervisor and trainee by HKMAAL

8

From the date of appointing mediator to

the date of completion of the whole

mediation process

86

Period: 3 years Period: 3 years (From July 2014 (From July 2014 –– June 2017)June 2017)

•• Feedback (questionnaire) from the trainees Feedback (questionnaire) from the trainees

Evaluation on the Evaluation on the effectiveness of the Scheme: effectiveness of the Scheme:

3030

•• Feedback (questionnaire) from the trainees Feedback (questionnaire) from the trainees once the assigned case is completedonce the assigned case is completed

•• Feedback (questionnaire) from the Family Feedback (questionnaire) from the Family Supervisors on an annual basis Supervisors on an annual basis

•• An evaluation report on the Scheme will be An evaluation report on the Scheme will be jointly conducted by the Judiciary and jointly conducted by the Judiciary and HKMAALHKMAAL

Pilot scheme onPilot scheme onPrivate Financial AdjudicationPrivate Financial AdjudicationPrivate Financial AdjudicationPrivate Financial Adjudication

(PFA) (PFA)

3131

What is PFA?What is PFA?

•• For financial disputes in matrimonial and For financial disputes in matrimonial and family proceedingsfamily proceedings

•• Parties driven ADRParties driven ADR

•• A voluntarily agreed neutral determinant A voluntarily agreed neutral determinant •• A voluntarily agreed neutral determinant A voluntarily agreed neutral determinant processprocess

•• Role of Judiciary: facilitative Role of Judiciary: facilitative

•• The outcome is binding on the parties but The outcome is binding on the parties but not binding on the courtnot binding on the court

•• Pilot schemePilot scheme3232

Consensus from the partiesConsensus from the parties

•• PFA Agreement as the basis for a PFA PFA Agreement as the basis for a PFA processprocess

•• Parties must be responsible forParties must be responsible for

––Whether PFA process is suitableWhether PFA process is suitable––Whether PFA process is suitableWhether PFA process is suitable

–– Formulation of issues to come within the Formulation of issues to come within the scope of the PFA processscope of the PFA process

–– Finding a suitable AdjudicatorFinding a suitable Adjudicator

––Working with the Adjudicator to identify the Working with the Adjudicator to identify the relevant set of rules or procedures for the relevant set of rules or procedures for the PFA process PFA process

3333

QuasiQuasi--consensualconsensual

•• Parties must agree to be bound by the Parties must agree to be bound by the outcomeoutcome

•• Parties must be ready to go through the Parties must be ready to go through the process in good faith and use reasonable process in good faith and use reasonable process in good faith and use reasonable process in good faith and use reasonable endeavourendeavour to comply with the procedural to comply with the procedural directions of the Adjudicator directions of the Adjudicator

•• Parties must commit to the process after Parties must commit to the process after the signing of the PFA agreement the signing of the PFA agreement

3434

Role of the JudiciaryRole of the Judiciary

•• The determination under a PFA is not an The determination under a PFA is not an arbitration award and it cannot bind the arbitration award and it cannot bind the courtcourt

•• The court will treat a PFA determination as The court will treat a PFA determination as •• The court will treat a PFA determination as The court will treat a PFA determination as similar to an agreed settlementsimilar to an agreed settlement

•• The court will approve a determination and The court will approve a determination and make an order as it deems fit having make an order as it deems fit having regard to the approach in S v S [2014] regard to the approach in S v S [2014] EWHC 7 (EWHC 7 (FamFam))

3535

•• In giving its approval to the commencement In giving its approval to the commencement of a PFA process, the court plays a of a PFA process, the court plays a facilitative rolefacilitative role

•• Whilst the court will have regard to the Whilst the court will have regard to the qualification and experience of an proposed qualification and experience of an proposed

Role of the JudiciaryRole of the Judiciary

qualification and experience of an proposed qualification and experience of an proposed adjudicator in the approval of the process, adjudicator in the approval of the process, the primary responsibility is vest on the the primary responsibility is vest on the parties and their solicitors to ensure that a parties and their solicitors to ensure that a suitable candidate is put forwardsuitable candidate is put forward

•• Likewise, for the applicable rules and Likewise, for the applicable rules and procedures for the PFA process procedures for the PFA process 3636

Relationship between Relationship between PFA and other processPFA and other process

•• Legal proceedings : may be stayed with Legal proceedings : may be stayed with liberty to apply for directions (in aid of PFA liberty to apply for directions (in aid of PFA or otherwise) in the meantimeor otherwise) in the meantime

•••• Observing the timetable of PFA is importantObserving the timetable of PFA is important

•• Family MediationFamily Mediation

•• FDRFDR

3737

PFA Pilot schemePFA Pilot scheme

•• To be reviewed after 3 yearsTo be reviewed after 3 years

•• Collection of data Collection of data

•• Accreditation of adjudicatorsAccreditation of adjudicators

3838

Statistics collected by Statistics collected by

The JudiciaryThe JudiciaryThe JudiciaryThe Judiciary

3939

4040

4141

4242

# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling

through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation

over that year.

4343

# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling

through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation

over that year.

327 cases

301 cases

4444

2011 2012 2013 2014

Full agreement HK$17,000

per caseHK$18,200

per caseHK$17,300

per caseHK$18,400

per case

Partial agreement HK$30,100

per case HK$19,500

per case HK$23,500

per case HK$11,000

per case

No agreement HK$17,500

per case HK$17,100

per case HK$15,200

per case HK$17,400

per case

4 cases

120

4cases

181

5cases

3

4545

120cases

135cases

141cases

6cases

202cases

181cases

255cases

2011 2012 2013 2014

Full agreement HK$14,300

per caseHK$13,100

per caseHK$13,800

per caseHK$12,900

per case

Partial agreement HK$23,800

per case HK$11,700

per case HK$17,400

per case HK$14,500

per case

No agreement HK$10,400

per case HK$11,400

per case HK$10,400

per case HK$10,500

per case

219cases

3cases175

cases

301 cases

4 cases

327

4646

2011 2012 2013 2014

Full agreement 5 hours per case 6 hours per case 5 hours per case 5 hours per case

Partial agreement 9 hours per case 4 hours per case 7 hours per case 5 hours per case

No agreement 5 hours per case 5 hours per case 4 hours per case 4 hours per case

327 cases

3cases

4747

2011 2012 2013 2014

Full agreement 6 hours per case 5 hours per case 5 hours per case 4 hours per case

Partial agreement 6 hours per case 3 hours per case 5 hours per case 7 hours per case

No agreement 4 hours per case 4 hours per case 3 hours per case 4 hours per case

175cases

219cases

4848

2012 2013 2014

Court of First Instance 39 days 43 days 40 days

4949

2012 2013 2014

District Court 27 days 29 days 33 days

5050

5151

5252

2013 2014

Full agreement HK$7,100 per case HK$7,800 per case

Partial agreement HK$11,100 per case HK$6,900 per case

No agreement HK$7,500 per case HK$3,200 per case

* 73% & 67% of cases appointed mediators from NGOs for family mediation respectively in 2013 & 2014. TheseNGOs would provide mediation service with concession rate to parties with financial difficulty.

* The average cost of mediated cases before 2013 was not available.

5353

2013 2014

Full agreement HK$350 per case HK$1,000 per case

Partial agreement HK$2,000 per case HK$3,000 per case

No agreement HK$1,170 per case HK$3,200 per case

* 8% & 7% of cases chose mediators with fee charging respectively in 2013 & 2014.

* The average cost of fee-charging mediated cases before 2013 was not available.

5454

2003-2012 2013 2014

Full agreement 11 hours per case 15 hours per case 15 hours per case

Partial agreement 13 hours per case 22 hours per case 18 hours per case

No agreement 5 hours per case 10 hours per case 9 hours per case

5555

2008-2012 2013 2014

Full agreement 6 hours per case 5 hours per case 5 hours per case

Partial agreement 6 hours per case 4 hours per case 3 hours per case

No agreement 4 hours per case 3 hours per case 4 hours per case

5656

2008 2009 2010 2011 2012 2013 2014

FMCO 116 days 96 days 90 days 94 days 91 days 83 days 89 days

5757

2008 2009 2010 2011 2012 2013 2014

BMMCO 53 days 60 days 49 days 52 days 62 days 47 days 44 days

5858

5959

Jan 2011 Jan 2012 Jan 2013 Jan 2014 Jan 2015

General Mediators 1,063 1,438 1,689 2,168 2156

Family Mediators 140 167 194 227 245

Total 1,203 1,605 1,883 2,395 2,401

Total number of mediators in Hong KongTotal number of mediators in Hong Kongas at January 2015as at January 2015

6060

Remarks:

The mediators came from 9 organizations – Hong Kong Mediation Accreditation Association Limited (HKMAAL), the Hong KongMediation Council, the Hong Kong Bar Association, the Law Society of Hong Kong, the Chartered Institute of Arbitrators (EastAsia Branch), the Hong Kong Institute of Arbitrators, the Hong Kong Institute of Architects, the Hong Kong Institute of Surveyorsand the Hong Kong Mediation Centre.

~ The End ~~ The End ~

6161

Thank YouThank You