What is Family Mediation?
Alternatives to Court in the Divorce Process see:
TED Talk – by William L. Ury – probably most famous as the author of the Mediator’s ‘bible’ Getting to Yes: Negotiating Agreement Without Giving In, Ury co-founded Harvard’s Program on Negotiation and is currently a Senior Fellow of the Harvard Negotiation Project. He is the author of The Power of a Positive No: How to Say No & Still Get to Yes, and co-author (with Roger Fisher). He is also author of the award-winning Getting Past No: Negotiating with Difficult People and Getting To Peace (released in paperback under the title The Third Side).
- CEDR Solve – Mediation
- Hong Kong International Arbitration Centre
- Mediation Ordinance (Cap 620) came into force on 1st January 2013.
Practice Direction 15.10 – ‘An underlying objective of the Rules of the High Court and the District Court is to facilitate the settlement of disputes. The Court has the duty as part of active case management to further that objective by encouraging the parties to use mediation as an alternative dispute resolution procedure, if the Court considers that appropriate, and facilitating its use (“the duty in question”). The Court has the duty of helping the parties to settle their case. The parties and their legal representatives also have the duty of assisting the Court to discharge the duty in question. The purpose of this Practice Direction is to assist the Court to discharge the duty in question; and to prescribe the procedure for family mediation in Matrimonial Proceedings and Family Proceedings, as defined in the Practice Direction 15.12, except applications in those family proceedings specified in paragraph 2.6.’ See also Practice Direction 15.31
- The Hong Kong Judiciary website on Mediation is self-explanatory and comprehensive.
- For Hong Kong court judgments dealing specifically with mediation see Judgments Relating to Mediation
- Evaluation Study of the Family Mediation Scheme – Final Report (2004)
- Natalia Cheung’s Blog for Hong Kong Mediation Practice also contains some helpful tips and observations.
Application to Admit Mediation Evidence in Later Proceedings
S v T CACV 209/2009 – Rogers VP – ‘Every mediation starts with an agreement between the parties and the mediator that what is said in mediation must be kept confidential and even the process of mediation and the fact that it is embarked upon should be kept, in my view, confidential. It is wholly wrong for any party, of their own motion, to refer to what was said or not said or arose out of mediation, unless and until, a concluded agreement has been reached in the mediation which encompasses what may be disclosed and not disclosed.’