To update the skills and knowledge of mediators and prepare them for conducting mediation in the Mainland, the Joint Mediation Helpline Office organised the Workshop on Mediation and Arbitration (中港調解與仲裁工作坊) on 23 November 2016 at United Conference Centre, Admiralty, which attracted about 40 participants who are mostly accredited mediators.
Mr. Xie Weimin, Director of Case Management of the South China International Economic and Trade Arbitration Commission, illustrated the development of mediation and arbitration and the different models of dispute resolution practice adopted in the Mainland. He stressed the benefit of the integration of mediation and arbitration as converting a mediated settlement agreement into a consent award could ensure its worldwide enforceability.
Mr. Xie also shared that he and his fellow classmates were fascinated by the power of the facilitative model of mediation when he attended a mediation training course accredited by the Hong Kong Mediation Accreditation Association Limited last year. Mr. Xie saw the potential for the development of the integration of facilitative and evaluative models of mediation as the former would facilitate the building of a respectful and trusting atmosphere for the parties to express their feelings and concerns while the latter would allow room for the mediator to make use of their expertise to advise the parties where appropriate.
Participants were eager to know more about the opportunities for Hong Kong mediators to play a part in resolving cross-border disputes and have raised various questions. In response to the questions, Mr. Xie further elaborated on the advantages of Hong Kong as a leading dispute resolution centre and he has high hope that closer and more frequent collaboration in respect of dispute resolution between Hong Kong and the Mainland will be fostered in the new future.
Mr. Iu Ting Kwok, a member of the Working Group on Apology Legislation, introduced to the participants the background, controversies and latest updates on the Apology Legislation. He illustrated the differences between partial and full apology and their effect by an interesting study on people’s response towards apology in a fictional bicycle accident. He further explained that apology might bring about tremendous effect to both the apologiser and the recipient as they might feel relieved after making or receiving an apology and be able to move forward to resolve their disputes. He shared with the participants the importance of allowing the parties to vent their emotions in mediation, and offering an apology would be one way of doing so. He quoted William Ury’s saying in his publication ‘Getting to Yes’ that an apology might be the least costly negotiation skill.
Participants actively raised their queries on the Apology Legislation to Mr. Iu. They were concerned about the admissibility of the apology as evidence in court proceedings as this might lower one’s willingness to apologise. Mr. Iu further explained how the protection offered by the Apology Legislation could address this concern. The participants benefited a lot from Mr. Iu’s detailed explanation.
Special acknowledgment be given to the Government of HKSAR as the seminar was funded by the Dedicated Fund on Branding, Upgrading and Domestic Sales (BUD Fund), which aims at assisting Hong Kong enterprises in exploring and expanding the Mainland market through developing brands, upgrading and restructuring operations, and promoting domestic sales in the Mainland.
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