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Mediator's Rules

1. A Mediator will conduct the mediation in an impartial, professional and reasonable manner, free from favoritism, bias or the un-usual standard of behavior or conduct in word, action or appearance.
2. A Mediator will disclose to the parties and the Centre all actual and potential conflicts of interest reasonably known to him/herself. After disclosure, the Mediator will decline to mediate unless all parties choose to retain him/her. The need to protect against conflicts of interest also governs conduct that occurs during and after the mediation.
3. A Mediator recognizes that mediation is based on the principle of self-determination and self-empowerment by the parties.
4. A Mediator will maintain the confidentiality of everything before, during and after the mediation, including all oral, written or electronic communication unless the same is waived by a party or the parties.
5. A Mediator will conduct the mediation fairly and in a manner consistent with the principle of self-determination and self-empowerment by the parties.
6. A Mediator will be limited solely to the role of Mediator, and will not give legal or other professional advice during the mediation. He/She has the duty to advise the clients to seek professional advice (including advice on drafting the mediation settlement agreement) if it is needed.
7. Hong Kong Mediation Centre or its Mediator will fully disclose to each other in writing any fees and costs to be charged by the Mediator or the Centre, and no fees shall be charged based on the outcome of a mediation unless it is otherwise agreed by the Centre in exceptional circumstances.

8. The rule of confidentiality, to the extent that the communication or conduct is the relevant evidence in a criminal matter, will not apply to:

  1. a communication of a threat that bodily injury may be inflicted

  2. a communication of a threat that damage may be inflicted on real or personal property

  3. conduct during a mediation session causing bodily injury to a person

  4. a complaint against the Mediator, who may disclose information from the mediation to the extent necessary for his/her defense.

9. A mediator will conduct the mediation diligently, sensibly and expediently. The mediator should try to finish a mediation case within the possibly shortest period of time and no more than a reasonable number of sessions unless the case is classified as a complicated one by the Centre.
10. The mediator should always promote and maintain the good name of Hong Kong Mediation Centre.
11. A mediator will always ensure that all the disputed parties in the mediation sessions make their decisions based on their fully informed choices and decisions. The acts of the parties during the process shall be voluntary and reasonable.
12. A Mediator will maintain his/her professional competency in mediation skills through on-going training.
13. A Mediator shall consult the Centre in case of doubt, concern or fear. He/she shall also fully co-operate with the Centre on any matter as requested.

14. A Mediator, as a reasonably competent and diligent professional, is not immune from liabilities for his/her actions and these liabilities can be broadly catergorised as liability in contract, liability in tort, and liability for breach of fiduciary obligations. A Mediator is advised to separately include a "waiver of liability"clause in his/her agreements with the parties which confirms that the mediator is"immune"from any legal proceedings and will be indemnified by the parties if he/she is sued. Sample clauses are as follows:

  1. the mediator shall not be liable to the parties for any statement, act or omission in the mediation; and

  2. the parties shall indemnify the mediator against any claim for any statement, act, or omission in the mediation.

15. A Mediator shall abide by the Hong Kong Mediation Code.
Download of The Hong Kong Mediation Code

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