Updated parts are in purple
Query on the setting up of the HK Mediation Accreditation Association Limited (HKMAAL)
Q: There are a number of Panel Mediators and mediation students showing concern towards the setting up and operation of the HKMAAL which may impact on the mediation and mediators in HK.
A: We have been in close liaison with the DOJ, the updates are as follows:
The HKMAAL starts its operation on 2 April 2013, but not in full function, its web will be launched. It is now collating a set of accreditation standards and guidelines, consultation with the mediation profession will be carried out very soon. The HKMAAL will not conduct training, it will only conduct accreditation assessment.
The current organizations providing mediators' training in Hong Kong are expected to continue their training. As for accreditation of mediators, by now, there is no statutory provision regulating accreditation of mediators in Hong Kong, and the HKMAAL is not by law the only accreditation body for mediators. So it is open for all current accreditation bodies to continue the accreditation of mediators. It is up to them to decide if they join the HKMAAL.
In general, the mediation profession is in support of a single accreditation body. However we have not discussed and decided on which is the single accreditation body, as there is no representation that HKMAAL is by law the only accreditation body. We will keep in view the development of the HKMAAL, since we advocate for the best benefits of the Panel Mediators in HK Mediation Alliance, the mediators trained by the Professional Mediation Consultancy Centre, the members of the HK Mediation Profession Staff General Union, and the whole community.
Mediation overview
Q: What is mediation?
A: Conflicts and disputes are inevitable in
modern business world, there must be ways alternative to litigation to solve
the problems. Mediation is an
alternative dispute resolution (ADR) method employed by modern cities for quite
some time to resolve differences, conflicts and disputes.
If two or more disputing parties opt to try
mediation, they could appoint a mediator who acts as impartial and neutral
third person and facilitates the mediation meeting where disputing parties will
discuss and negotiate for an outcome accepted by both (or all) parties. The outcome will be recorded as a Mediated
Settlement Agreement which is binding.
Q: What areas of
disputes will mediation be useful?
A: In general, mediation can be used for
most kinds of disputes, viz., workplace, healthcare, family, commerce and
finance, land redevelopment, school, contract, personal injury, etc., as far as
the disputing parties have and prefer to maintain some longer term
relations. Those involving detailed
proofs and evidences collection, and criminal elements are not suitable for
mediation.
Q: When did mediation
start to be used in Hong Kong?
A: Mediation was extensively used in
settling contract disputes arisen from the Airport Cored Projects in the 1990s. In October 2007, Chief Executive advocated mediation
service in his Policy Address. After
then, alongside with the efforts of the Department of Justice, there are useful
Practice Directions (PD 31 was in force from January 2012) being put in place
to encourage disputants to try alternative dispute resolution method, including
mediation, before or during litigation.
Following the promotion of mediation by
Department of Justice and various stakeholders, public awareness and knowledge
in using mediation as an alternative dispute resolution method are gradually enhanced.
Q: What are the
advantages of mediation?
A: Since disputing parties enter into
mediation on a voluntary basis, they would be committed to coming up with an
acceptable outcome. The atmosphere of
mediation is consensual, so that their apparently different needs could be mutualized. The process of mediation is more flexible
than that of litigation, disputing parties and the mediator could control the
process better. As a result, less time
and money will be required to reach a settlement which is binding.
Q: Where can I get
more updated information about mediation?
A: You are welcome to browse the HK
Mediation Alliance web regularly, and ‘like’ the HK Mediation Alliance facebook.
Mediator
training
Q: What courses could
I attend to become a mediator?
A: At present, the Professional Mediation
Consultancy Centre (PMCC) organizes first of its kind 40-hrs Mediator Course in
Hong Kong which is recognized by the Chinese Association of Staff and Workers
Education and Vocational Training under the PRC Ministry of Labour & Social Security. The
certificate holder can work as mediator in the Mainland and Hong Kong.
Characteristics of the 40-hrs Mediator
Course include: first mediator course incorporating mediation in Chinese
history and tradition; best trainers in town; lots of role play exercises;
three-trainees-one-coach ratio for role play exercises; accreditation and
assessment examination is incorporated in the 40-hrs so that trainees do not
have to devote extra time and money to attend another accreditation examination
(which usually takes a lengthy time to arrange). As of April 2012, the training fees of our
mediator course are HK$6,900, with examination and accreditation (if
examinations passed) fees included.
The National Mediator Course was awarded a Second Class Prize in the "Training Materials Category" of Outstanding Research Achievements 2012 organized by Chinese Association of Staff and Workers Education and Vocational Training.
From August 2012, HK Federation of Youth Groups Continuous Learning Centre relaunches the 40 hours mediation course with Professional Mediation Consultancy Centre. It is a CEF course so the training fee are set at HK$8,000, and upon successful completion and passing the examination, being recommended by Professional Mediation Consultancy Centre, graduates can apply on their own and pay for the National certificate. Top Up course is also provided from Lesson 8, which charges HK$3,000 since CEF is not applicable. Both types of graduates applying for National Certificate will have to pay HK1,900.
Besides HKFYGCLC, the Hong Kong Council of Social Service will be relaunching the course from January 2013; the Elderly Service Association launches its course in May 2013.
Testimonials from graduated mediators of
previous cohorts include:
“the
course helps me to improve my communication skills, it is very useful …”
“the
course content is practical, which could be practiced in work and life
situations, especially reframing and active listening skills …”
“the
comments and suggestions made by the coaches are very useful ..., they are very
professional, friendly and can clarify a lot of doubts …”
“the
trainers explain the concepts so clearly that we could get a good grasp …”
“the
course is well structured, and the content is rich …”
“small
class training is very essential for mediation skills learning, each trainee
has got sufficient time to practice …”
"I am sure this is the kind of course that the government should recognise..."
Besides 40-hrs mediator training courses,
the PMCC also organizes workshops and seminars in 3-hrs, 6-hrs, and 12-hrs on
mediation skills to suit the training needs of individuals and
organizations. Attendees of some
specified and endorsed workshops and seminars can opt to take up part of the
40-hrs training courses later on as a top up, training hours and training fees
will be calculated on a pro-rata basis.
Q: I have attended
mediation training course provided by other training institutes, how could I
become a National recognized mediator too?
A: The course co-organized by Professional Mediation Consultancy Centre (PMCC) and HKZX is recognized by the Ministry of Labour & Social Security. Only the graduates attending the 40-hrs course and passing the examinations can get the certificate.
A 19-hr top up course is organized for those who have completed the 40-hr course offered by training institutes recognised by PMCC and HKZX, as of September 2012, HK$4,900 will be charged, including application and handling charges for the National certificate.
The training fees quoted here are subject to revision by course organizers and co-organizers which determine the fees basing on venue, logistics arrangement, and various circumstances.
Q: Who teach in the
mediator courses and the development programmes run by the Professional
Mediation Consultancy Centre (PMCC) and the Hong Kong Mediation Alliance
(HKMEA)?
A: The PMCC Lead Trainers are Denys Look and
Annita Mau, who were accredited as mediators nine and seven years ago
respectively, and have been teaching mediation for seven and five years respectively.
Thousands of mediation trainees have
attended their courses in the past held by and with various organizations,
including universities, NGOs, professional bodies and government
departments. Their teaching evaluation
by trainees has always been over 4.8 out of 5, whereas the range of 2 to 4 was
the norm of other trainers in the same courses.
An academic in Chinese tradition and
culture who is also a mediator is training on “Mediation in Chinese Tradition
and Culture” in some courses; and either a solicitor or barrister is arranged to training elements
of law of contracts and Mediated Settlement Agreement. Trainees finishing the 40-hrs mediator course
should be able to employ mediation skills for life, community, work, school, and family
environments.
Devoted and seasoned mediators are serving
as Assistant Instructors, Coaches, and Assistant Assessors in the 40-hrs
course.
Mediator
accreditation
Q: Do I need to sit
for any other mediator accreditation and assessment examinations before I could
practice as mediator?
A: In Hong Kong, there is no standardization
of mediator training, nor single accreditation and assessment examination. Various mediation course organizers hold
examinations for their trainees, hence different standards and formats are
employed. We have the confidence that
trainees graduated (meaning passing the examinations) from our mediator course,
organized by the Professional Mediation Consultancy Centre (PMCC) have the capability
to become mediators. Therefore, we
organize a first-of-its-kind mediator course so that trainees do not have to
wait for months for another accreditation examination, nor do they have to pay
extra money for the examination. This
practice will continue until there is a centralized accreditation system set up
or recognized by the government.
Q: I was accredited
mediator in other organization, can I join the HK Mediation Alliance as Panel
Mediator?
A: HK Mediation Alliance welcomes all people who are committed in promoting mediation services to join. Any person who is interested shall first fill out the application form (the link is on Panel Mediators page). If you are considered qualified, your particulars will be updated on web, on a regular basis. If there are information we need to clarify, you will be contacted very soon.
Q: I attended mediation
training course organized by other training institutes, can I sit for the
mediator assessment and appointment examination held by Professional Mediation
Consultancy Centre?
A: We would consider on a case by case
basis, please email us info@mediationallinace.hk.
Q: Will my
qualification and membership be affected if I join two or more organizations
promoting mediation?
A: The main objective of mediation-related
organizations shall be to promote mediation to the general public and
users. Mediators should be encouraged to
join any organizations which they consider sharing their philosophy. HK Mediation Alliance (HKMEA) would encourage
its Panel Members to join other mediation-related organizations, with similar
missions, so that mediators’ and HKMEA’s interests should be promoted.
Q: It is heard that a single accreditation body for mediators will soon be set up by the government, how is the progress?
A: After Hong Kong Mediation Alliance (HKMEA) and HKFTU's Mediation Professional Committee (MPC) met with DOJ to understand the progress, we organized a talk by Mr Simon Lee, Duputy Law Officer to brief our members on 16 June 2012.
We now understand that the government prefers an accreditation body to be set up as a limited by guarantee, but not a statutory body. As of now (June 2012), it is expected to have four founding organizations, viz., Law Society, Barrister Association, HKIAC and HK Mediation Centre, and six council members (four orgnizations and two individuals). Most importantly, other mediation organizations in the HK are expected to join as members. The Memorandum of Association of Articles are being drafted for the best benefits of the mediation community and the general public.
The HKMEA and MPC will closely monitor the development and DOJ expects us to provide views and feedback from members. We also expect to be kept posted of the development of the accreditation body and would continue to advocate for the interests of our members.
DOJ also briefed us on the promotion and publicity of mediation in the community. HKMEA and MPC promised to assist in public education and enhance public awareness in mediation. Actually we conduct a number of free seminars, briefings, talks in the community on an ongoing basis.
The MPC sent a letter to the new S for J expressing mediators' views of concern on 6 July 2012.
HKMEA will meet with DOJ representatives soon to receive updates on the 'single accreditation and assessment body', and express our members' and the profession's views.
The HK Mediation Accreditation Association Ltd. (HKMAAL) held a briefing on 11 October, on behalf of HK Mediation Alliance, HK Mediation Profession Staff General Union, HK Training Professional General Union’s Professional Mediation Committee, six of us (Denys, Annita, Karin, Maureen, Matthew, and Kenneth) attended. We were briefed that HKMAAL is NOT a statutory body; DOJ does not plan to legislate a statutory body for accreditation and standards of mediators in a short while; and public consultation will be held if there is a plan of legislation.
We are planning to:
For a more comprehensive understanding, readers can access the following link, which is a LegCo Committee meeting where mediator accreditation was mentioned. It is known that a session will be held at LegCo to gauge the views from mediators. We will represent the best interests of our members and friends.
If Panel Mediators or general public have any ideas and / or wish to participate in the strategies and tactics design and implementation in the important moments for HK mediation community, and for the best benefits of mediators and the general public, please email us at info@mediationalliance.hk. We shall update via the web.
We met DOJ's Simon Lee on 15 Jan 2013 at FTU seminar, the updates are: HKMAAL's operation, mediator accreditation criteria, and time table are still pending. Participants of the seminar expressed the following concerns:
We look forward to the next update from DOJ who said it will ensure the operation of HKMAAL is for the benefits of mediators and community.
Mediation
Ordinance
Q: Is there a
Mediation Ordinance in Hong Kong?
A: The Mediation Ordinance was passed at Legislative Council on 15 June 2012. It is implemented on 1 January 2013. The Ordinance only covers terminology, confidentiality and disclosure. During the consultation, Professional Mediation Consultancy Centre (PMCC) and the mediation profession expressed the
need for standardization in training, and a centralized and recognized accreditation body, whereas the government prefers those to be done later, if ever.
Mediation
services
Q: Is there any new development in mediation service?
A: Commencing 10 August 2013, the first of its kind community mediation scheme assisting taxi drivers who have had car accidents where no injury is involved to resolve the dispute with mediation is launched. Details can be found in Services and Liaison page.
Q: How can I be hired
by disputing parties as a mediator?
A: Hong Kong Mediation Alliance (HKMEA) is a non-profit organization operating a free referral service (we do not charge administrative fees or membership fees). Mediators trained in the courses organized by the Professional Mediation Consultancy Centre (PMCC), or other courses conducted by its Lead Trainers could apply to become Panel Mediators and be put on the list.
We believe in openness and transparnency, hence Panel Mediators could be contacted direct by potential users. On the other hand, HKMEA, once is approached by potential service user(s), would refer the service needs to its Vice President for case intake, she will consider the case, discuss with potential service user(s), then approach Panel Mediators in specific areas.
Panel Mediators would then liaise with the potential service user(s) for venue, mediation fees (it is up to the Panel Mediators to provide pro-bono or paid service), and other arrangements. However, Panel Mediators are highly encouraged to stay close in their community first to promote mediation, second to explore possibilities of mediation in any disputes identified.
Since the inception of HKMEA on 17 March 2012, there were a number of case possibilities (as of 19 January 2013, 15 cases have been in-taken), five cases were mediated, four of them reached settlement.
By September 2012, there are four Mediation Programmes set up, including Healthcare Mediation Scheme, School Mediation Programme, Mediation Programme for YMT Temple Street Association of Hawkers and Shop Owners, and Lei Muk Shue Yin Ngai Society. There are a few community mediation programmes in the pipeline.
On 11 October 2012, HKMEA supports the Community Mediation Programme launched by St James Settlement. Five Panel Mediators are ready to provide pro-bono service to the whole of HK. Two case possibilities have arisen as of 20 January 2013, in-take is in progress.
Number of cases we could in-take depends on HKMEA's and its Panel Mediators' proactiveness in promotion in the community which enhances public awareness in the use of mediation in settling disputes and conflicts. Recently, there are some disputes involving public organization which declined to mediate with the other disputing party. Efforts are being devoted to facilitate the intake. Public awareness and support have to be enhanced.
Q: I am newly
accredited as a mediator, and am lacking the confidence in mediating a dispute
alone, where can I get the chance of serving as an observer in mediation case
first, or co-mediating some cases before I work on my own?
A: We understand newly accredited mediator
may have the confidence issue. Mediation
cases referred by HKMEA may provide observation and co-mediation opportunities,
as we are committed to training and developing competent and professional
mediators. Watch out for the news and
stay close.
Q: Do I need to
purchase professional indemnity insurance before providing mediation
service? Who shall I approach?
A: Although professional indemnity will normally be included in the “Agreement to Mediate” which is signed by disputants and mediator, it is desirable for a mediator to be insured.
An insurance broker has explored and developed an insurance package for members of the HK Mediation Alliance which is reasonable and attractive.
Our insurance broker has enlightened us on two principles, viz. risk transference and the law of large numbers. Insurance companies must use a large sample size of data to predict and formulate the premium rates and policy terms. Interested members please access Panel Mediators page for details and contact insurance company direct.
Q: Must I be in the process of litigation in order to find a mediator?
A: Actually any person who considers his /
her disputes with others may be mediated can approach HK Mediation Alliance
(HKMEA) info@mediationalliance.hk for referral of mediators. We encourage
disputants to consider mediation in early stage, so that their relationships
have not become too hostile, damages are less, and success rate of mediation
may be increased. If litigation process
is about to commence, or has commenced, disputants need to pay attention to
Practice Direction 31 and follow the procedures.
Q: How can I get
mediation services from Hong Kong Mediation Alliance (HKMEA)?
A: Anyone who wants to enquire if his/her
case is mediated, or if there is mediator who could help him / her, can email info@mediationalliance.hk. Once we are in the picture, we would discuss
with Panel Co-ordinator(s) and refer appropriate Panel Mediator to the
potential service user(s), we do not charge potential service user(s) or Panel
Mediator for referral fees. HKMEA Panel
Mediators have expressed and indicated their interests and expertise in
specific dispute areas, some are already on this website’s sub-page “Panel Mediators”. We are certain that there would be
appropriate Panel Mediators who would help to solve the disputes and
conflicts.
Q: How much does it
cost to hire a mediator?
A: Panel Mediator usually operates as a free lanced
professional. He/she usually charges on
hourly basis, hourly rate ranges from a few hundreds to a few thousands Hong
Kong dollars, depending on the experience of the mediator, it is also quite
often that the mediator will charge an initial three to four hours as a
session, and subsequent sessions and hours will be discussed and determined at
the end of the first session. Service
user should liaise and confirm the fees with the mediator before hiring
him/her. The mediation fees, in addition
to venue rental, should be specified in the “Agreement to Mediate” signed by
the disputing parties and the mediator before mediation meeting. On the other hand, some Panel Mediators would
provide pro-bono mediation services.
Development
Q: I am an accredited
mediator for quite some time, how can I become a trainer, and / or assessor?
A: The Hong Kong Trainers Centre and Professional Mediation Consultancy Centre (PMCC) has co-organized a first of its kind “Train-the-Mediator-Trainer” course for HKMEA Panel Mediators from 24 July to 28 August 2012 (every Tuesday whole day) to equip them with the necessary skills and competence to become trainer in mediator courses. After their completion of assignment, the trainees will be awarded a National Mediator Trainer Certificate, and they are now going through an internship in Mediator Training Courses under Lead Trainers's supervision before fully qualified as an independent Trainer.
You should also seize the opportunities to assist in training courses and assessments. Lead Trainers will look out for enthusiastic and committed mediators to become trainers and assessors.
Two orientation workshops for Assistant Instructor (AI) and Assistant Assessor (AA) were held on 2 and 5 November 2012 respectively for those Panel Mediators who wish to become AI and AA. After the orientation, Mediators are qualified to help in courses we organize.
A 24-hr Train the Mediator Assessor Course will commence from 22 Feb 2013. Please refer to Training & Development page.
Q: What is the
relationship between HK Mediation Alliance (HKMEA) and Mediation Professional
Committee (MPC) under Hong Kong Training Professionals General Union?
A: Hong Kong Training Professionals General
Union (HKTPGU) sets up a “Mediation Professional Committee” to promote
mediation as a profession and service in Hong Kong, members’ interests will
also be promoted. Since the missions of
HKMEA and MPC are similar, we would recommend HKMEA Panel Mediators to join
MPC, after first joining FTU’s HKTPGU.
MPC, Professional Mediation Consultancy
Centre and HKMEA would co-operate to develop mediation service in the community
in Hong Kong and in Mainland.
We have launched a union, HK Mediation Profession Staff General Union to promote the rights of mediators and related staff, for enquiries, please email to info.hkmpsgu@gmail.com.
If you have further questions, please email us info@mediationalliance.org. We are committed to responding to your enquiries in mediation, mediator and mediation training and accreditation, mediation service and related issues in order to enhance public awareness in mediation, then to promote a more harmonious and prosperous Hong Kong.
