Online Mediation Hong Kong: The Conduct and Development of Modern Mediation
- David Ravenscroft
- Jul 25, 2023
- 4 min read
Updated: 4 days ago
Author: David Ravenscroft, Senior Consultant
While mediation develops differently in each jurisdiction, the global pandemic has introduced the worldwide practice of online mediation – a change that is here to stay. As a consequence, the importance of pre-mediation meetings has increased, reflecting the flexibility of mediation, a core principle of the service.
How Mediation Practices Have Evolved in Hong Kong and Globally
Flexibility is one of the core principles of mediation, the point being that the process of mediation should be tailored to whatever suits the parties and the dispute in question.
As might be expected, particular formulations become fashionable, and these formulations develop and change from time to time. Mediation is now a world-wide activity, and different jurisdictions develop in their own way. For example, in the United States, joint sessions are now used less frequently and sometimes dispensed with altogether. In Hong Kong, however, mediations tend to follow the standard facilitative model more closely.
Watch this video to find out more about mediation at Ravenscroft and Schmierer
Nonetheless, the biggest recent development is a world-wide one and has been the growth of online mediation since the global pandemic. This particular development has retained its popularity even after the end of the pandemic, sometimes even when in-person mediation would be perfectly feasible.
Online Mediation in Hong Kong and the Growing Importance of Pre Mediation Conferences
One particularly noticeable implication of this shift to online mediation has been the emphasis placed on separate pre-mediation conferences with each party.
Recently, quite a number of experienced mediators have explained the primary importance they attach to pre-mediation conferences. Amongst them has been John Wagner, the former President of the International Academy of Mediators. He recently gave a talk to the Hong Kong Mediation Council, which is part of the HKIAC and set out advantages that range from the seemingly minor to the clearly important. To illustrate, one particularly important advantage is that it enables an element of trust and easy communication to develop between mediators and the parties.
Why Pre Mediation Matters in Online Mediation
Pre-mediation conferences also enable mediators to update themselves on matters such as who will be attending, who are the decision-makers, what is the current state of play in the litigation and whether there have been previous settlement negotiations and, if so, where they have got.
Mediators can also use the conferences to take the temperature on less definable matters - what is the likely level of civility between the parties, the flexibility and creativity that each party is likely to show and any suggestions they may have for the design of the mediation process or indeed any likely settlement.
The easy development of mediation is one of its most important functions – to provide a process of dispute resolution that fits whatever dispute is placed before it.
How Ravenscroft and Schmierer Can Support You in Online Mediation
Cross border and domestic disputes often benefit from a mediation strategy that is tailored to the parties, circumstances and commercial objectives involved. At Ravenscroft and Schmierer, we guide clients through every stage of mediation in Hong Kong, including preparation for online mediation, pre mediation planning, case strategy and participation in the session itself.
Our team ensures you understand your options, your position and the practical steps that can support a positive outcome.
If you are facing a dispute that may be suited to online mediation in Hong Kong, our team is ready to assist you. Speak with our team through our Contact Page.
FAQ: Online Mediation in Hong Kong
Why has online mediation become so common in Hong Kong?
Online mediation grew rapidly during the global pandemic and has remained popular because it is flexible, efficient and often more convenient for parties.
What role do pre mediation conferences play in online mediation?
Pre mediation meetings help mediators build rapport with each party, understand the background of the dispute and prepare for a smoother and more productive mediation session.
Do Hong Kong mediations still follow the facilitative model?
Yes. Hong Kong continues to use the facilitative model more consistently than some other jurisdictions where joint sessions have become less common.
How does online mediation support cross border disputes?
Online mediation makes participation easier for international parties, reduces travel costs and helps overcome logistical barriers.
Why is flexibility a core feature of mediation?
Flexibility allows the mediation process to adapt to the needs of the dispute, the personalities involved and the practical requirements of the parties.
How do mediators assess communication styles in pre mediation conferences?
Mediators use these meetings to understand each party’s level of civility, communication preferences and potential willingness to negotiate creatively.
Can online mediation still build trust between mediators and parties?
Yes. With pre mediation meetings and proper preparation, mediators can still build trust and rapport effectively using online platforms.
Why are pre mediation meetings more common in online mediation?
Separate meetings help compensate for the reduced physical presence in online sessions and make it easier to prepare both sides.
What information do mediators typically gather before online mediation?
They gather details about attendees, decision makers, the status of negotiations and the current procedural posture of any related litigation.
Is online mediation suitable even when an in-person session is possible?
Yes. Many parties still choose online mediation for convenience and efficiency.
Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.
For specific advice about your situation, please contact:
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