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K21.5. Hong Kong's Pilot Scheme for Mediation in Family Cases
| 666. | It is probable that voluntary ADR schemes fare better in relation to some types of cases rather than others, and achieve a higher take up rate where there is an environment of institutional support for assisted dispute resolution . This appears to be the experience of the Family Pilot Mediation Scheme launched in May 2000 ("the Pilot Scheme"). |
| 667. | The Pilot Scheme is publicly funded and is entirely voluntary, requiring the consent of both parties. It covers all types of matrimonial issues including custody, access, maintenance, lump sum payments, property and financial disputes. It is available at all stages of litigation. Information sessions are held to inform potential users about the scheme and to assess their suitability for mediation. |
| 668. | At the centre of the scheme's organization is a Mediation Coordinator who, while independent of the court, is given an office in the court building. Parties interested in mediation may approach the Coordinator directly. Often, a judge will encourage them to do so. Many referrals are also made by welfare agencies, both governmental and non-governmental. If the parties agree to mediation, they are offered a choice of mediators from a list maintained by the Coordinator. The HKIAC has, for instance, through its Mediator Accreditation Committee, accredited 92 family mediators. |
| 669. | The latest available figures show that :- |
| * | From 2 May 2000 to 27 June 2001, information sessions attended by a total of 1298 persons were held. Assessments of suitability for mediation were held in respect of 1128 people. | |
| * | A total of 419 cases were referred to the scheme by the Social Welfare Department (122 cases, 29.1%), by non-governmental organizations (144 cases, 34.4%) and mediators in private practice (135 cases, 36.5%). | |
| * | About 50 mediators were involved, 2 from the SWD, 23 from NGOs and 25 from private practice. Of these, 28 have professional backgrounds in social work, and 19 in law. | |
| * | At total of 308 cases were referred to mediators, of which 265 received mediation services. Of the mediated cases, full settlement was achieved in 186 cases, and partial settlement in 20 cases. No settlement of any kind was achieved in 59 cases. 43 cases, although referred, did not receive mediation services. | |
| * | To reach full agreement took on average 10.1 hours of mediation. Partial agreement cases took 11.7 hours on average. Where no agreement at all was reached, 5.3 hours were spent on average. |
| 670. | It follows, that of the 308 cases referred to mediators, 186 or 60% achieved full settlement. Another 6.5% were partially settled, leaving about 1/3 of the cases with no result, either because mediation was attempted but without success (59 cases or 22%) or mediation was not pursued. These are encouraging results. |
| 671. | Mediation in Singapore has also been reported to have had considerable success. It is actively encouraged by the court's waiver and refund of court hearing fees, which may go some way towards paying for the mediation. Professor Pinsler reports :- |
| "The effectiveness of the mediation process is evident from the fact that as at 15 July 1998, 78% of the cases (143 out of 184 cases) mediated under the auspices of the Singapore Mediation Centre were settled. The average monthly settlement rate ranged from 75% to 85%. It is estimated that the settlement of the 143 cases translated to savings of approximately 643.5 court days. On the basis that each court day costs the judiciary about $6,900, the judiciary saved $4,440,150. Applying the general party-and-party basis of costs for a trial day (approximately $10,000) the parties saved about $6,435,000. Mediation is actively encouraged by the waiver and refund of court hearing fees." (Note 587) | ||
| 672. | Readers are consulted as to whether a scheme should be introduced for the court to offer to litigants information about and facilities for mediation on a purely voluntary basis: Proposal 68. |
Notes
| 587 | Jeffrey Pinsler, "Minimisation of Delay in the course of proceedings: the Singapore experience", W&B p 93 at 128. <back> |
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