Prepare Your Clients For Mediation

Dear all,

Prepare Your Clients For Mediation

I am Natalia Cheung, an Accredited Mediator of the Hong Kong International Arbitration Centre and a practising solicitor in Hong Kong.

 
I would like to share with you some fundamental information about mediation that you as a solicitor may wish to explain to your clients in preparing them for mediation:

(1) Nature of mediation:-

(i)     Voluntary: Parties may refuse to engage in mediation or leave at any point during the process but subject to the risk of costs sanctions as stipulated under Practice Direction 31 of the Rules of the High Court, Laws of Hong Kong.

(ii)   Confidential and without prejudice process: Information exchanged or obtained in the course of mediation may not be used in litigation or elsewhere.

 

(iii)  Parties are assisted by the mediator, a neutral and impartial person, to try to reach a negotiated settlement of their disputes.

 

(2)  Role of the mediator: -

(i)     Mediator is not a judge or adviser. The mediator has no authority to impose a binding determination on the parties.

(ii)   The mediator should encourage the parties to focus on their underlying objectives and interests rather than sticking to their positions, to engage in open and frank communications, and to develop and maintain their momentum to explore options to resolve their differences.  

 

(3) Who should participate in mediation:-

Client or client’s representatives who participate in mediation should be the one who have personal knowledge of the dispute and authority to negotiate and settle.

 

(4) Ground rules of mediation:-

Clients should be advised that there are ground rules of mediation that they have to follow e.g. avoid personal attack during mediation, adopt an open and frank attitude in communications during mediation, etc.

(5) Settlement:-

Once settlement has been reached between the parties and reduced to a form of written settlement agreement signed by the parties, it becomes binding on the parties and enforceable as a matter of contract.

 

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

 

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

 

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.