Office of The Ombudsman, Hong Kong

Publications

Leaflet on Mediation Service

1. Introduction
As an efficient means of alternative dispute resolution, mediation by this Office aims at resolving complaints rather than identifying maladministration. Mediation facilitates parties to a complaint to:
	identify issues and understand the relevant facts and circumstances
	discuss problems
	understand mutual needs
	reach a mutually acceptable settlement agreement

2. Advantages

	Efficient
	Non-adversarial
	Solution-focused
	Win-win

3. Criteria

	Applicable to complaints involving no or only minor maladministration
	With The Ombudsman's and the parties' consent
4. Voluntary nature

	Withdrawal by any party at any time possible
	Termination by mediator at any time as and when necessary


5. Participation of others
Subject to the parties' agreement and the mediator's consent, presence of other person(s) and his/their advice and/or assistance may be allowed during mediation. Otherwise, the process is a private one.
6. Representation
Each party shall engage in mediation in person, or shall be represented by a duly authorised person capable of negotiating and determining a settlement agreement when necessary.
7. Respect for all parties
All parties are entitled to speak in a polite and respectful manner.
8. Settlement terms
Settlement terms may take various forms subject only to the agreement of the parties.
9. Impartiality

	A trained and impartial mediator will conduct mediation fairly and professionally.
	The mediator will facilitate the exploration of options and as far as possible, resolution of the complaint.
	Any decision made by the parties during or after mediation shall be entirely voluntary.
	Where settlement is available, the mediator will help the parties reduce it into a written agreement as appropriate.

10. Manner of communication
Mediation may be in the form of a meeting where the mediator will meet the parties jointly and/or separately, or in any other form that the mediator considers appropriate.
11. Confidentiality
Mediation shall be conducted in confidence and anything discussed, discovered or shown therein shall not be disclosed, unless with the other parties' consent, save for the following:
	where this Office deems it in the public interest to report brief details of the complaint and the outcome of mediation; and
	where this Office is obliged to report such matters under section 15 of The Ombudsman Ordinance.
12. What follows an unsuccessful attempt of mediation?
The failure of a particular mediation session would not necessarily bring about nor preclude subsequent investigation by this Office of the whole or any part of a complaint. Another investigator will be assigned if subsequent investigation does follow
13. Admissibility
Anything said or admitted and any documents shown during mediation are not admissible in evidence:
	in the subsequent inquiry/investigation (unless the person who said or admitted the matter, or to whom the document relates, consents to its admission); and
	in any court or other proceedings.
14. Exclusion of liability and indemnity
The mediator, unless in bad faith, shall not be liable for any act or omission in the process of mediation, whether negligent or otherwise.

October 2011

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