Mediation, when it is used in law, is a form of Alternative Dispute Resolution (ADR). ADR a way of resolving disputes between two or more parties outside court. Court proceedings is time consuming and expensive. Going to court is also stressful. Mediation is proven to be an effective means of settling disputes in many places. It is helpful in nearly any dispute, from family matters to corporate disputes.
In Hong Kong, it is a general practice that a neutral third party, the mediator, assists disagreeing parties to negotiate their own settlement (facilitative mediation). If all the parties agree that the mediator may express a view on what might be a fair or reasonable settlement, it is an evaluative mediation.
Mediation is a private, confidential and voluntary process. An accredited professional mediator must be impartial and shall conduct mediation in a structural, timetabled dynamic way that an ordinary negotiation lacks. Mediators use trained techniques to open and to facilitate dialogue between disagreeing parties, aiming to help the parties to reach an agreement.
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