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Minor Dispute Mediation Pilot Scheme
Frequently Asked Questions

1.
What is Minor Dispute Mediation Pilot Scheme (MDMPS)?
The MDMPS is funded by The Hong Kong Jockey Club Charities Trust and independently administered by the Joint Mediation Helpline Office (“JMHO”). This helps disputants to resolve disputes by way of mediation so as to save time and money.
The main objectives of the MDMPS are:
  1. to provide dispute resolution service at a proportionate cost so as to encourage more people to use mediation before going to the court.
  2. to foster a harmonious society by helping parties to preserve relationship
  3. to serve people with limited financial means to resolve disputes

2.
What is an Eligible Dispute?
"Eligible Dispute" refers to a civil dispute arising from a social or legal relationship with or without a monetary element. Where a monetary sum is involved, it shall not exceed HK$100,000. Some examples of “social or legal relationship” under MDMPS are:
  • Neighbours
  • Family Members
  • Landlords and Tenants
  • Employers and Employees/ Co-workers
  • Tortfeasors and Victims in accidents
  • Parties to a contract for goods and/or services
  • Agents and Principals
  • Financial institutions and clients
  • Telecommunication companies and clients
  • Parties involved in disputes concerning reputation or intangible assets.

3.
What is an “Eligible Disputants”?
  1. An individual who is already receiving one of the following allowances or subsidies from the Hong Kong SAR Government as proven by original documents issued by the Hong Kong SAR Government:-
    • Social Security Allowance (SSA) Scheme (including Normal Disability Allowance/ Higher Disability Allowance/ Old Age Allowance/ Old Age Living Allowance);
    • Comprehensive Social Security Assistance (CSSA) Scheme;
    • Self- reliance (SFS) Scheme;
    • Traffic Accident Victims Assistance (TAVA) Scheme;
    OR
  2. An individual who’s monthly income does not exceed HK$25,000.

4.
What is mediation?
  • Mediation is a voluntary, non-binding, private dispute resolution process.
  • The mediator helps the parties reach their own negotiated agreement or narrow issues in dispute through the mediation process.
  • An agreement drawn up in a mediation session and signed by both parties is legally binding as a contract.

5.
What does mediator do?
In mediation each party to dispute has a chance to put forward its case and to hear what the other has to say about it. The mediator’s job is not to adjudicate the dispute but to help the parties explore the needs and interests and to identify possible solutions to the matters before them. The mediator is trained to overcome impasse and to facilitate parties reaching an amicable settlement.

6.
How can the mediation help me?
The mediator helps bringing the parties together face-to-face to negotiate and communicate, in a private and confidential setting, and assists the parties reaching an agreement. If an agreement is reached during or after the mediation session reduced to writing and signed by both parties, it will be legally binding. The mediator also helps 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;
  • Draw up the settlement agreement in detail, setting out how the parties have agreed to resolve each item in dispute.

7.
What are the advantages of mediation over litigation?
  • Mediation provides a neutral, supportive and constructive environment in which the parties in dispute can reconcile their differences.
  • The parties, with the assistance of a mediator, control the outcome of their disputes.
  • Mediation promotes communication between the parties.
  • Time can be used efficiently.
  • The process is cost effective.
  • The process is confidential.
  • It promotes an effective way of resolving disputes through co-operative decision making.
  • Settlement is not imposed but is agreed with the mutual consent of the parties.
  • Continued personal and business relationships may be maintained after settlement.

8.
If one party does not agree to participate in mediation, can the mediation proceed?
Mediation is a voluntary process. In such a case, the mediation cannot proceed. The two/ all parties must agree on the mediation.

9.
May I bring a lawyer to assist me in mediation?
Under MDMPS, it is not allowed to bring the lawyer to mediation session. Parties may seek legal advice before the mediation starts.

10.
Does the mediator provide legal advice?
No. The mediator is neutral and helps you assess the feasibility of the decision that you make. He/she does not provide legal advice. You are encouraged to consult your lawyer for such advice, if considered needed.

11.
Is mediation legally binding?
Mediation is a voluntary process. The mediated settlement agreement itself is not enforceable as a judgment, an order of the court, or an arbitration award. However, an agreement drawn up in a mediation session and signed by both parties is legally binding as a matter of contract. The parties cannot go to the court for the same case or cause. If one party violates any term in the settlement agreement, the innocent party may sue the other party pursuant to the agreement as a matter of contract.

12.
Can the other party or I call the mediation process to stop?
Yes, both parties may terminate the mediation process under the following circumstances:
  • Upon the signing of a settlement agreement by the parties; or
  • Upon the written advice of the mediator after consultation with the parties that, in his/her opinion, further attempts at mediation are no longer justified; or
  • Upon written notification by any party at any time to the mediator and the other parties that the mediation is terminated.

13.
Is the mediation confidential? Would the evidence at mediation be used against me in any lawsuit, arbitration or other proceedings?
Yes, the entire mediation is kept confidential to the extent prescribed by the mediation ordinance (cap 620) or other relevant laws of Hong Kong. Generally, nothing shall be disclosed in any lawsuit, arbitration or other proceedings against the parties or the mediator.

14.
What is the mediation process under MDMPS?
  1. Parties who want to use the mediation services of the MDMPS may fill in the Request for Mediation form and submit it to the JMHO together with the application fee. The JMHO will review the application for compliance checking.
  2. For cases in compliance with the requirement set out in terms of MDMPS, the JMHO will nominate and appoint a mediator once all parties to a dispute have agreed to resolve the matter by mediation under MDMPS.
  3. Once the mediator is appointed, he/she will commence and conduct the mediation, as soon as possible after the appointment.

15.
What are the costs of mediation under MDMPS?
  • Each party will be charged at HK$200 as application fee once all parties agree to mediate through MDMPS
  • Mediation fee and venue fee will be funded by the MDMPS, but only limited for 4 hours. If the mediation exceeds 4 hours, any extra mediation as agreed by JMHO, the parties to the mediation, and the mediator shall be conducted on a pro-bono basis and venue fees should be equally shared by the parties.

 
   

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