1. Why Use Mediation?
- Cost efficient - If parties can resolve their dispute through mediation, they will save the substantial legal fees involved in litigation.
- Time efficient - Mediation can be organised and conducted promptly with some flexibility compared with the constraints of the court system. This allows the parties to settle disputes in a timely manner.
- Maintains decision-making authority - parties can make important decisions.
- Appropriate solutions - Agreements are made on a case-by-case basis to meet the needs of the parties
- Cooperation and avoidance of emotional diversion - Mediation improves communication and gives the parties more effective ways of resolving future differences.
- Relaxed atmosphere - unlike in the court, mediation is conducted in a less formal manner.
2. What does the mediator do?
The Mediator is a trained neutral and impartial third person who helps the parties in dispute reach an amicable settlement
3. How does mediation work?
- At the beginning of the mediation, each party has a chance to put forward his/her case to the Mediator.
- The Mediator will discuss and decide the matters in disputes
- The Mediator will explore the needs and interests of the parties
- The Mediator will assist the parties to explore and identify possible solutions but not make a decision for them.
- The Mediator facilitates the parties to a settlement and enables parties to find a solution to their own disputes.
- The Mediator or the lawyers to the parties draws up the settlement agreement based on the agreed terms from the parties
- Parties cannot be forced to sign the agreement unless they totally agree on the settlement terms.
4. How long will the mediation take?
Depending on the complexity of the issues and the parties' willingness to settle, a mediation session may last for a day or more.
5. When to Choose Mediation?
- Nearly all kinds of disputes can be resolved by mediation except for cases where the court is required to give a declaratory relief.
- A Legal adviser can be consulted on the suitability of the case for mediation.
- Mediation can be helpful before the commencement of any legal proceedings.
6. Who are the Mediators?
Mediators come from a variety of backgrounds including law, commercial, construction and social work. HKMAAL Accredited Mediators have undertaken professional training and have been approved to be on the HKMAAL panel of accredited mediators.
7. Do I need to appoint a lawyer?
- Unless the parties themselves wish to consult legal advice before or during the mediation, lawyers are generally not required to participate in mediation.
- To avoid conflict of interest, no legal advice should be expected from the mediator even if they are qualified lawyers.
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