HKMC provides two types of professional mediation service, namely Mediation Case Referral Service and Mediation Case Management Process Service.
(1) Mediation Case Referral Service
An application fee of HK$1,000 per party shall be charged to mediation cases referred by the HKMC. Mediators on the panel of HKMC usually charge the parties on hourly rate. Hourly rates may vary from one mediator to another, from HK$500 to HK$1,500 per party, depending on the mediator experience and the nature of the mediation case, etc. In some cases, mediators may agree with parties to accept a fixed fee - fixed time payment.
How to apply for Mediation Case Referral Service?
Terms and Conditions apply:
1. The service items shall be charged to each party. The charges shall be equally shared or shared according to parties’ agreement.
2. The paid application fee is non-refundable.
3. If an application is received by a single party, HKMC will assist in sending an invitation to the other parties. If the other party agrees to undergo mediation, the other party shall submit the application form and settle the application fee to HKMC.
4. HKMC will recommend the appropriate mediators for all parties’ considerations one by one (maximum 3 mediators) in accordance with the guidelines of HKMC and the requirements of parties. In case no mutual agreement is reached between both parties regarding the choice of mediator, they can request HKMC to appoint a mediator to handle the case. An extra amount of HK$1,000 per party will be charged for the provision of other mediators (maximum 3 mediators).
5. The mediator is an impartial person who will not give any legal or other professional advices to any parties, as well as imposing a decision on the parties.
6. The mediator may arrange a preliminary meeting. All parties should sign on the “Agreement to mediate” before the mediation session in order to show their agreement towards mediation.
7. If the participant is the representative of an organisation, an authorisation letter should be shown during the mediation session.
8. HKMC reserves the right of final decision.
(2) Mediation Case Management Process Service
HKMC is now offering the full protection to the parties with a professionally designed mediation case management process (MCMP). A Mediation Case Manager (MCM) shall be assigned to handle the case, including case examination, providing professional advice on procedure, time schedule, recommendation of suitable mediator(s), mediation advocate(s) and expert(s) (if necessary), venue booking, and providing support to the mediation session.
Terms and Conditions apply:
1. The service items shall be charged to each party. The charges shall be shared according to parties’ agreement if applicable.
2. The service charges include: (i) Application fee; (ii) Mediator fee: Preparation work and pre-mediation session(s) (up to 4 hours in total) and mediation session(s) (up to 8 hours a day); (iii) Case management administration fee (refer to Clause 7 below); and Rental of meeting room(s) for pre-mediation session(s) (up to 4 hours) and mediation session(s) (up to 8 hours a day).
3. If an application is received by a single party, the applicant shall pay HKMC a non-refundable application fee of HK$1,000 as a part of service fee deposit. HKMC shall assist in sending an invitation to the other parties. If the other party agrees to undergo mediation, the other party shall submit the application form and service fee deposit to HKMC while the applicant shall settle the remaining service fee deposit in accordance with the Fee Schedule for further processing. The process shall proceed only after the payment is successfully made.
4. All remaining service fee must be paid prior to the mediation session(s). Any other fees must be paid on the day of mediation. All other expenses that may be incurred, such as miscellaneous, transportation and accommodation, will be equally shared or shared according to parties’ agreement.
5. The paid application fee and service fee deposit is non-refundable.
6. HKMC will recommend the appropriate mediators for all parties’ considerations one by one (maximum 3 mediators) in accordance with the guidelines of HKMC and the requirements of parties. In case no mutual agreement is reached between both parties regarding the choice of mediator within 10 working days, HKMC will appoint a mediator to handle the case.
7. A Mediation Case Manager (MCM) shall be assigned to handle the case, including case examination, recommending and appointment of suitable mediator(s), mediation advocate(s) and expert(s) (if necessary), arranging professional support (such as expert witness reports), venue booking, and providing support to the mediation session etc.
8. The mediator is an impartial person who will not give any legal or other professional advices to any parties, as well as imposing a decision on the parties.
9. The mediator and MCM may arrange a preliminary meeting. All parties should sign on the “Agreement to mediate” before the mediation session in order to show their agreement towards mediation.
10. If the participant is the representative of an organisation, an authorisation letter should be shown during the mediation session.
11. HKMC reserves the right of final decision.