I am Natalia Cheung, a Hong Kong International
Arbitration Centre (HKIAC) Accredited Mediator and a practising solicitor in
Hong Kong.
In this article, I would like to share with you the purposes of having a
pre-mediation conference.
Purposes of Pre-Mediation Conference
ü For the meditator to establish his/her role as an independent, neutral party to facilitate the parties in dispute to achieve an amicable solution to the disputes
ü
To check whether the Agreement to Mediate has been duly signed, and the proposition
papers, summaries and chronology of disputes, information about the parties,
their positions and concerns and previous settlement negotiation, and reasons
for the failure of such previous settlement negotiation have been provided to
the mediator, and for the mediator to clarify any matters in relation to the information provided
ü
For the mediator to understand each party’s approach and concerns
ü
To confirm the participants of the mediation and whether or not the
attendances of the mediation have authority to negotiate settlement and to settle the disputes
ü
To help ensure the parties in dispute are willing to attempt mediation
to resolve their disputes
ü
To discuss the benefits of mediation
ü
To overcome any possible reservations towards the mediation process
ü
To ascertain whether there are any special needs of any party during
mediation, e.g. interpreter
Solicitors may consider providing
the following information to the mediator during the pre-mediation conference
so as to increase the possibility of a successful mediation:
(1) The common issues of the
parties in disputes
(2) What your client would like to
achieve from mediation
(3) Suggestions as to how to work
towards the objectives of your client during the mediation process
Natalia Cheung
HKIAC Accredited Mediator & Hong Kong Solicitor
Pang Kung & Co., Hong Kong Solicitors & Notaries & Civil
Celebrants of Marriages
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