Abstract
In this chapter, Nadja Alexander explores the development of mediation in Hong Kong, in particular since 2010, which, with the introduction of mediation pre-litigation requirements, signaled the beginning of significant legal, policy and practice developments in the territory. The chapter is divided into four sections that deal with the regulatory landscape of mediation, mediation practice areas, future trends and culture in mediation, respectively. The author examines the regulatory landscape of mediation in terms of (i) the triggering of mediation processes, (ii) the internal process of mediation, (iii) credentialing for mediators, and (iv) rights and obligations of participants in the mediation (such as those relating to confidentiality and enforceability of mediated settlement agreements). In relation to mediation practice, 10 different practice areas are canvassed including family, construction, commercial and intellectual property mediation. Next, Alexander identifies the main trends in Hong Kong mediation including the increasing use of mediation windows in arbitration procedures especially in relation to disputes involving mainland Chinese parties, legislation permitting third-party funding of mediation, and developments in the professionalization of the mediation industry and mediation advocacy. Beyond mediation, developments in collaborative practice, and Hong Kong's apology legislation are also discussed. Finally, mediation practice is explored from the perspective of Hong Kong local culture with interesting results. Hong Kong continues to embrace a facilitative mediation model, which sits well with local Hong Kong culture. Recent policy developments, however, draw on traditional Chinese values as demonstrated by the recognition of practices that offer space for indirect communication and permit greater guidance from the mediator. The emergence of two new mediation practice models, namely wise counsel mediation and expert advisory mediation, has been supported by the Government, local industry, and the mediation community.
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