On 22 June 2012, the Mediation Ordinance (the Ordinance) was enacted in Hong Kong. It will come into force when the Secretary for Justice publishes a notice. The Ordinance creates a basic statutory framework for mediation in Hong Kong and will apply retrospectively to any mediation conducted in Hong Kong or to mediation agreements which provide that the Mediation Ordinance or Hong Kong law applies, other than specific conciliations or mediations which arise under other legislation identified in Schedule 1 of the Ordinance.
The Ordinance covers the definition of mediation and the scope of confidentiality of mediation communications.
Also in the pipeline this year is the establishment of the Hong Kong Mediation Accreditation Association Limited (HKMAAL) which should become the sole accreditation body for mediators and the default appointing body where parties cannot agree on the appointment of a mediator.