Revisiting the issue of mediator immunity: the way forward for prospective mediation legislation in Hong Kong

Abstract

Mediator immunity has been identified as one major issue for possible future mediation legislation in the 2010 Consultation Paper released by the Hong Kong Government. So far there is no uniform stance on the issue around the world. This paper analyses relevant methods for determining mediator liability and the scope of that liability in different countries. Hong Kong’s revised Arbitration Ordinance has taken a forward through its qualified immunity position with respect to the issue of mediator liability under the arbitration framework. This position is commendable for adapting to the current trend of dispute resolution. The paper concludes that a similar approach should be adopted in future mediation legislation in Hong Kong.