Independently coordinated by the Joint Mediation Helpline Office, the Small Claims Mediation Pilot Scheme aims to provide more accessible and affordable mediation services to disputants of Small Claims Tribunal cases and other cases with an amount in dispute not exceeding the jurisdictional limit of the Small Claims Tribunal. The Pilot Scheme has commenced operation on 8 November 2018.

The Pilot Scheme also aims to enhance the professional standards of Hong Kong mediators. Therefore, experienced mediators (“Mentor Mediators”) will conduct mediation together with less experienced mediators (“Mentee Mediators”) under the Pilot Scheme.

“Eligible Dispute” means a case of the Small Claims Tribunal (“SCT”) that is referred by the SCT to JMHO or a case with the amount in dispute not exceeding the jurisdictional limit of the SCT as prescribed under section 5 of the Small Claims Tribunal Ordinance (Cap. 338 of the Laws of Hong Kong).

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.

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 to reach an amicable settlement.

The mediator helps bring the parties together face-to-face to negotiate and communicate, in a private and confidential setting, and assists the parties to reach an agreement. If an agreement reached during or after the mediation session is 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.

The mediator does not impose a decision on the parties.

• 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.

Mediation is a voluntary process. In such a case, the mediation cannot proceed. The two/ all parties must agree on the mediation.

With all parties’ agreement, parties may bring the lawyer to mediation session.

No. The mediator is neutral and helps you assess the feasibility of the decision that you make. He/she does not offer legal advice. Parties are encouraged to consult their lawyer for such advice where appropriate.

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. 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.

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.

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.

1. Parties who intend to use the mediation services of the Pilot Scheme 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 the Application and Mediation Rules of the Pilot Scheme, the JMHO will nominate and appoint a mediator once all parties to a dispute have agreed to resolve the matter by mediation under the Pilot Scheme.
3. Once the mediator is appointed, he/she will commence and conduct the mediation, as soon as possible after the appointment.

• Each party will be charged at HK$200 as application fee.
• Mediation fee and venue fee will be waived for 4 hours of mediation conducted at WKMC. 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 the venue fee for the extra mediation conducted at WKMC will be waived.