Hong Kong's new Mediation Ordinance

Karen Dicks
Professional Support Lawyer, Litigation & Dispute Resolution Department
[email protected]


Hong Kong's new Mediation Ordinance came into effect on January 1 2013 and provides a regulatory framework in respect of certain aspects of mediation, including confidentiality and privilege. The Ordinance states its objectives as being to promote, encourage and facilitate the resolution of disputes by mediation and to protect the confidential nature of mediation communications.

Mediation defined

For the purpose of the Ordinance, mediation is defined as:

"A structured process comprising one or more sessions in which one or more impartial individuals, without adjudicating a dispute or any aspect of it, assist the parties to the dispute to do any or all of the following:

• identify the issues in dispute;
• explore and generate options;
• communicate with one another;
• reach an agreement regarding the resolution of the whole, or part, of the dispute."

A session is a meeting between a mediator and one or more of the parties to the dispute and includes any activity undertaken in respect of arranging or preparing for it (whether or not it takes place) and follow up of any issues and matters raised at it.

What mediations does the Ordinance apply to?

The Ordinance applies to any mediation conducted under an agreement to mediate if either of the following circumstances applies: the mediation is wholly or partly conducted in Hong Kong; or the agreement provides that the Ordinance or the law of Hong Kong is to apply to the mediation.

The Ordinance does not apply to those processes listed in Schedule 1 of the Ordinance. These include, for example, mediation proceedings under sections 32(3) and 33 of the Arbitration Ordinance (Cap 609) and conciliation under certain sections of the Labour Tribunal Ordinance (Cap 25).