In Hong Kong the recent civil justice reforms (CJR) are likely to increase the use of mediation. An accredited mediator is qualified to deal with cases of disputes. The Civil Justice Reform ("CJR") in Hong Kong and Practice Direction 31 ("PD31") of the Judiciary (2 January 2010) encourages litigants to explore mediation to resolve differences among litigants. Mediation has been used to a much greater extent since the implementation of PD31 in Hong Kong. There is also an international trend to use Mediation to resolve disputes.
In Hong Kong, it is a general practice that a neutral third party, the mediator, assists disagreeing parties to negotiate their own settlement (facilitative mediation). If all the parties agree that the mediator may express a view on what might be a fair or reasonable settlement, it is an evaluative mediation.
Mediation is a private, confidential and voluntary process. An accredited professional mediator must be impartial and shall conduct mediation in a structural, timetabled dynamic way that an ordinary negotiation lacks. Mediators use trained techniques to open and to facilitate dialogue between disagreeing parties, aiming to help the parties to reach an agreement.
Mediators are usually paid an hourly rate ranging from HK$1500 to HK$4500 in Hong Kong for their service on dispute resolution depending on their qualifications and experiences.