This is a past event. Registration is closed. View other Hong Kong International Arbitration Centre (HKIAC) events.
(This Webinar is organised by Hong Kong Mediation Council - a division of the Hong Kong International Arbitration Centre)
As defined in the Mediation Ordinance (Cap. 620), mediation is a structured process where an impartial individual, without adjudicating a dispute, facilitates the parties to the settle their disputes. To achieve this, mediators in Hong Kong are trained to "facilitate" parties to negotiate instead of "evaluating" the merits of the disputes for them. While the facilitative model remains the mainstream practice in Hong Kong, there are different variations of practice. One major variant is "evaluative mediation" where the neutral adopts a more "active or interventionist role, making suggestions or putting forward views on the merits of the case …" (Brooker 2007). The two practices, as western studies shown, are not mutually inclusive. Hong Kong is at the crossroad of including evaluative mediation as one of the practice modes, but the practice of evaluative mediation practices is under-researched.
The speakers have undertaken a research project funded by the Research Grant Council, University Grant Committee (UGC/FDS15/H10/19) in studying evaluative mediation using an interdisciplinary approach, combining legal and psychological theory and methodologies. The study aims to investigate the behavioural and physiological response on a participating party in mediation sessions when facilitative or evaluative narrative skills are used. The findings provide evidence-based data on the differences in the physiological and psychological responses of parties participating in evaluative and facilitative mediation sessions. These could be factors to be considered in enhancing the use of evaluation in mediation in Hong Kong, enhancing the use of evaluation on a sound theoretical ground.
The Webinar will be conducted in English.
CPD: 1.5 Point (HKIAC)
(CPD Accreditation pending from HKMAAL and the Law Society of Hong Kong)
Moderator & Speakers
Dr. Wendy Lui
Department Head, Assistant Professor at Department of Law and Business, the Hong Kong Shue Yan University
More Information
Dr. Wendy Lui
Department Head, Assistant Professor at Department of Law and Business, the Hong Kong Shue Yan University
Dr. Lui is a teacher and a researcher with a research interest in the area of dispute resolution and restorative justice. Dr. Lui has participated in several research projects related to mediation, negotiation and restorative justice, and has adopted an evidence-based and multi-disciplinary approach in the research. In the projects, exploration on the emotional nuances in the negotiation and mediation process from a biophysiological and neuroscientific perspectives are made.
Dr. Lui is currently an Assistant Professor in the Department of Law and Business, Hong Kong Shue Yan University.
Dr. Nicholson Siu
Lecturer at Hong Kong University of Science and Technology
Dr. Siu is a neuropsychologist. His research focuses on human cognitive functions.
Dr. Siu is committed on exploring the relationship between the brain and behavior with neurophysiological method like electroencephalography (EEG) and Transcranial Magnetic Stimulation (TMS). He also conducted intervention studies to support children with special educational needs (SEN), elderly with cognitive impairments. He has consultancy experience in projects related to neurophysiological assessment and training for children with SEN.
Dr. Siu is currently a Lecturer in the Division of Social Science, Hong Kong University of Science and Technology.
Prof. LEUNG Hing Fung
Chairman at Evaluative Mediation Working Group, HKMC
Prof. Leung will be the Moderator for this Webinar.
Originally educated in quantity surveying, Prof. Leung is a practicing mediator, arbitrator and barrister. He is the Chairperson of the Evaluative Mediation Working Group of Hong Kong Mediation Council. He is a member of various panels and lists of mediators including, amongst others, the Panel of General Accredited Mediators of Hong Kong Mediation Accreditation Association Limited (HKMAAL), Hong Kong International Arbitration Centre (HKIAC), Hong Kong Institute of Surveyors (HKIS) and Hong Kong Institute of Architects (HKIA) (joint panel), International Commercial Mediation Joint Court in Shanghai, HKIAC under the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA) and Shenzhen Qianhai International Commercial Mediation Centre.
Prof. Leung is currently Professor of Practice (Arbitration and Dispute Resolution) in the Department of Real Estate and Construction, University of Hong Kong.
