Institutionalising Mediation in Hong Kong

Abstract

The development of mediation in Hong Kong is no longer in its infancy. Four decades after incorporating the process into the labour dispute resolution system, it is applicable in other specific fields and considered suitable for most types of contentious cases. This article examines the implementation and institutionalisation of mediation into the administrative and judicial systems. In so doing, it gauges the effectiveness and identifies major weaknesses of each stage of development. It concludes by proposing to expand the scope of application to consumer disputes and elder care issues, adopt an opt-out rather than opt-in triggering mechanism when time is ripe, and fine-tune certain provisions of the Mediation Ordinance so as to impose quality control over mediators, remove legal uncertainty concerning applicability of the Ordinance, and clarify the extent of statutory protection of mediation confidentiality.