How to Resolve Differences Over the Choice of Mediator ?

 

 

I am Natalia Cheung, a Hong Kong International Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in Hong Kong.

I would like to share with you the possible ways to resolve differences over the choice of mediator in civil proceedings.

In civil proceedings, if the parties have expressed their willingness to attempt to resolve their disputes by mediation by filing and serving their respective Mediation Certificates, the parties would then have to agree on the appointment of mediator.

However, sometimes each party would have their respective choices of mediator and the proceedings may come to a standstill as no agreement could be reached on the appointment of mediator.

In such circumstances, there are 2 possible ways in which the differences over the choice of mediator could be resolved, namely:

(1)    A joint application be made by the parties to the Court for direction on the appointment of mediator under Practice Directions 31; or   

(2)   A joint application be made by the parties to the HKIAC for appointment of meditator. The application fee is HK$2,000 for a two/three parties’ proceedings.  

 

For further information on mediation, please contact Ms. Natalia Cheung [(852)-6777 5767 or  E-mail: natalia@plaw.hk]

 

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

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