(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)
Department Head, Assistant Professor at Department of Law and Business, the Hong Kong Shue Yan University
Lecturer at Hong Kong University of Science and Technology
Chairman at Evaluative Mediation Working Group, HKMC