A Department of Justice (DoJ) working group has made seven recommendations to enhance Hong Kong’s mediation regulatory system, advising that the practice should remain an unlicensed activity without mandatory licensing or accreditation regimes for practicing as a mediator.
The department welcomed and adopted the proposals by the Working Group on Mediation Regulatory System. It stressed that keeping the sector unlicensed preserves the process as a voluntary and flexible dispute resolution mechanism and promotes the public use of mediation skills in daily life.
Key suggestions included that the Hong Kong Mediation Accreditation Association Limited should continue to operate as a private company limited by guarantee to fulfill its role as an industry-led accreditation and regulatory body, as well as to strengthen and expand its functions.
The working group also advised legislative amendments to grant the association statutory authority to appoint mediators in cases where disputing parties fail to reach a consensus on a candidate.
Furthermore, the association is expected to finalize its review of the Hong Kong Mediation Code, taking ownership and full charge of reviewing, managing and administering the code.
The DOJ stated that preparatory work for the necessary legislative amendments is currently underway, with plans to submit the draft bill to the Legislative Council in the second half of this year.
