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The following is issued on behalf of the Judiciary:
In accordance with a Practice Direction (PD) on Mediation issued by the Judiciary and effective from January 1, 2010, the Court has a duty, under active case management, to encourage litigating parties to use an Alternative Dispute Resolution (ADR) procedure if it considers that appropriate.
This was stated by the Hon Mr Justice Johnson Lam Man-hon, Judge of the Court of First Instance of the High Court, while speaking on the recent development in mediation initiatives in the Hong Kong litigation landscape at a press briefing today (December 29).
Mediation is one of the common modes of ADR and a cost-effective means of resolving disputes.
"The Practice Direction 31 on Mediation applies to a large part of civil proceedings in the Court of First Instance and the District Court which have been begun by writ," Mr Justice Lam said.
He added that the Rules of the High Court and the District Court are aimed to increase cost-effectiveness, promote a sense of reasonable proportion and procedural economy in respect of court cases, and facilitate the settlement of disputes before or after the commencement of a court action. That is part of the Civil Justice Reform which took effect from April 2, 2009.
"The PD sets out a mechanism to facilitate parties to enter into dialogue on mediation," Mr Justice Lam said. In cases where all parties are legally represented, if a party wishes to attempt mediation, he should file a Mediation Certificate, serve a Mediation Notice on the other party in the dispute and file a copy with the Court. The latter should respond to the former by way of a Mediation Response and file a copy with the Court.
Both parties should try to reach agreement on the proposal they put forward in the Mediation Notice and Mediation Response. If their attempt fails, they may apply to the Court for directions to resolve the differences regarding the proposal.
As for legally unrepresented litigants, the Court may, at a suitable stage, invite the parties to attempt mediation. Parties may also, by consent, approach professional bodies or appoint a mutually agreed mediator.
As a trained and impartial third person, the mediator can assist the disputing parties to explore their respective needs and identify possible solutions. The mediator aims at facilitating the parties to reach a settlement agreement.
Mr Justice Lam said, "Pending mediation, the Court may stay the legal proceedings during the interim.
"In exercising its discretion on costs, the Court takes into account a party's unreasonable refusal of mediation as one of the relevant circumstances."
With the implementation of the PD, Mr Justice Lam said the Judiciary would promote public understanding, in particular, the disputing or litigating parties' understanding of mediation through a Mediation Information Office (MIO), a dedicated webpage (http://mediation.judiciary.gov.hk), leaflets and educational videos.
Also speaking at the press briefing, Senior Mediation Affairs Officer of the Judiciary, Ms April Lam Suet-yee said, "The MIO, which starts operation next Monday (January 4), handles enquiries on court-related mediation and conducts Information Sessions for interested parties free of charge."
If a client uses the services of a mediator in private practice, there is usually a fee. In most cases, mediation is much cheaper and faster than litigation.
Ms Lam said other services/facilities provided by the MIO include:
(a) Broadcast of three videos themed on general mediation,
building management and family mediation;
(b) Distribution of a series of leaflets including a general guide to PD31 on mediation;
(c) A Resource Corner; and
(d) Computers linked to a database on frequently asked questions about mediation.
Members of the public are welcome to visit the MIO located in Room LG104, Lower Ground 1/F, High Court Building, 38 Queensway, Hong Kong. Its enquiry telephone number and e-mail address are 2825 0470 and mediation@judiciary.gov.hk respectively.
Ends/Tuesday, December 29, 2009
Issued at HKT 17:50
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