general · 2026年10月14日T00:00:00Z

Hong Kong mediation: preparing before choosing a provider

Before choosing a mediation provider in Hong Kong, do not begin with a shortlist of names. Begin with four things: what is actually in dispute, what each side really needs from a resolution, how the mediator’s time and room will be paid, and whether you need legal advice before you commit to anything. The Judiciary’s public guide What is Mediation (March 2023) says mediation is suitable in many cases although it may not be suitable for every case, that parties may seek legal advice at any stage, and that all parties have the right to terminate the mediation process at any time.

Settle the issue list and the interests behind it

The mediator’s role, as the same guide describes it, is to help the parties discuss and decide what matters are in dispute, explore each party’s real needs and interests, expand settlement options and assess the most suitable solution, and draw up the settlement agreement in detail, setting out how the parties have agreed to resolve each matter in dispute. Because that is the work, a short written note of the disputed items and your underlying interests helps the first discussions start from substance rather than from scratch.

That note does not need to be a legal pleading. One page per side is usually enough: the issues, the outcome you want, and the reason the outcome matters to you. These are preparation points, not prescribed court documents; the official guide does not set out a required format.

A useful consequence follows from that structure. Mediation does not hand down a decision imposed on you, and starting it does not come with a guaranteed settlement. If the process concludes with an agreement, it is the detailed settlement agreement the parties themselves have drawn up. If no agreement is reached, the parties still keep the right to terminate at any time.

Check suitability early, and get advice if you need it

Mediation suits many disputes, but not all. You may be invited to a preliminary meeting in which the mediator will assess whether mediation is suitable for your particular circumstances; your legal advisers may also be able to help you decide. Legal advice can be sought at any stage of the mediation. If you already have a lawyer, ask that lawyer to assess suitability before you agree to mediate; if you do not, consider getting advice before signing a mediation agreement.

If your matter is already before the courts, the Judiciary’s Integrated Mediation Office can help with orientation. It exists to assist parties and litigants to understand the nature of mediation and to facilitate access to general and family mediation from professional bodies or private practitioners outside the Judiciary. It answers enquiries and provides information on court-related mediation across civil cases, including matrimonial and family proceedings and building management matters. At the Office you can use computer terminals with access to the Judiciary website, which is interlinked with the websites of other professional bodies, together with a database of frequently asked questions, videos, booklets and other materials. The staff will not give legal advice, and they will not comment on or assist with the conduct of a specific court case; use the Office for information, and use your own lawyer for advice on your case.

Agree the cost basis before the mediation starts

Cost is one of the four things to settle in advance. According to the guide, charges in mediation mainly include the mediator’s fees for his time and any room hire costs. It is usual for the parties to agree before the start of the mediation that they will pay those charges in equal shares. The guide identifies these components and the usual equal-sharing arrangement; it does not describe charges by the hour.

One cost consequence follows from that description. If you decide to instruct lawyers, or other professional persons, to assist during the mediation, you will be responsible for all of their particular charges. That cost is yours alone, not part of the shared mediator and room cost. Agree the sharing arrangement before the mediation begins, and record it in writing if you can.

Build your shortlist from organisation lists, on each list’s own terms

Various organisations in Hong Kong maintain their own list of mediators, covering many areas and professional disciplines appropriate to the dispute in question. Each organisation has its own requirements for placing a mediator on its list, such as requirements covering knowledge and skills in negotiation and dispute resolution. The parties can select from those lists and agree on a suitable mediator.

If you have difficulty choosing, one option named in the guide is to consider contacting a mediation provider organisation for assistance. Note also that mediators may be required to abide by an Ethical and Professional Code of Practice of the organisation concerned, and rules for conducting mediations are published by some organisations. Before you appoint anyone, ask which code and which published rules will apply.

Because each organisation sets its own listing requirements, treat each list as one doorway rather than as a general assessment of every mediator available. Nothing in this article certifies, ranks or recommends any provider.

In what order to prepare

  1. Write down every disputed matter in one short list.
  2. Write down what you actually need, not only your opening position.
  3. Ask your lawyer, if you have one, whether mediation fits your case.
  4. Consider a preliminary meeting if one is offered to assess suitability.
  5. Check whether the matter is already before the courts.
  6. Use the Integrated Mediation Office for court-related information if it is.
  7. Shortlist mediators from organisation lists that cover your dispute area.
  8. Confirm the applicable ethical or professional code and any published mediation rules.
  9. Agree before the mediation starts how the mediator’s time and room hire will be paid.
  10. Keep legal advice available at any stage, up to and after signing.

Keep the 2026 regulatory picture straight

Recent announcements affect standards, but not every one of them changes the law today.

The Department of Justice announced on 16 June 2026 that, further to Recommendation 3 of the Working Group, it is taking forward legislative amendment work to confer statutory mediator-appointing power upon HKMAAL to promote the advancement of mediation. The DoJ said it would commence stakeholder consultation on the key provisions of the draft amendment bill that day, and that after considering stakeholders’ views it aims to introduce the amendment bill into the Legislative Council in the second half of 2026. That is proposed legislation at the consultation stage, not a power already in force.

Separately, under Recommendations 4 and 5, HKMAAL has completed its review of the Mediation Code and published an updated version of the Mediation Code in April 2026. The updated version addresses recent developments in mediation practices and technological advancements, while enhancing the professional standards for mediators. In parallel, HKMAAL has updated its sample agreement to mediate for voluntary adoption by parties and mediators, further maximising the utility of the Mediation Code. Voluntary adoption means exactly that: the updated Code and the sample agreement are professional instruments parties may use, not a statutory appointment mechanism, and they do not turn mediation into a compulsory process.

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