Home > Resolving Disputes > Becoming an FDRC Mediator and/or Arbitrator
Becoming an FDRC Mediator and/or Arbitrator
To be admitted to the FDRC List of Mediators / Arbitrators, an applicant has to fulfil the following requirements:
I. Preliminary Requirement
A mediator or an arbitrator of a panel/list recognised by the Appointment Committee of the FDRC
Remarks:
The Appointment Committee shall have the power to consider and accept, on a case-by-case basis, an Applicant who is not a mediator or an arbitrator on the recognised panel/list.
II. Training and Assessment Requirements
Satisfactory completion of a training programme of the FDRC which includes:
Part I:
6 hours of classroom training on regulatory
framework of the financial sector in Hong Kong,
practical experience sharing and the FDRC workflow
Part II:
6 hours of classroom training and 20 hours of self
study on financial products and their selling process
- Fulfilling the attendance requirement of Part I and a certificate of “satisfactorily completed” will be obtained;
- Fulfilling the attendance requirement together with passing the assessments of Part II and a certificate of “satisfactorily completed” will be obtained
III. Experience Requirement
Mediator
Proven relevant experience as mediator in the past 3 years as a mediator in mediating:
- at least 3 cases related to financial products (i.e. financial activities regulated by the Regulators as specified in FDRC Terms of Reference); or
- at least 3 cases of commercial contract dispute
- (a)between a body corporate and one or more individuals.
- (b)between two or more corporates
Arbitrator
Proven relevant experience as an arbitrator in the past 3 years as in:
- at least 3 arbitration cases related to financial products (i.e. banking/investment activities regulated by HKMA/SFC); or
- at least 3 arbitration cases of commercial contract dispute
- (a)between a body corporate and one or more individuals; or
- (b)between two or more corporates.
IV. Application
An applicant may apply to the Appointment Committee of the FDRC by submitting a prescribed Application Form together with the Application Fee, relevant certificates of the training programme and documentary proof of relevant experience (submit a reference letter stating the basis on which the referee is able to confirm the Applicant's experience)
Prior to admission, an applicant may be required by the Appointment Committee to take part in a personal interview if necessary
Applicants who are admitted will have their names included in the relevant List(s):
- FDRC List of Mediators
- FDRC List of Arbitrators
Remarks:
- The training programme and the application are to be completed within a 2-year period;
- Membership on the List shall be for a 2-year period and may be renewed subject to a proposed CPD
requirement of at least 10 hours of training on CPD courses approved by FDRC; and
- FDRC Mediators and Arbitrators are required to adhere to the FDRC Terms of Reference in relation to FDRS, including
the FDRS Mediation and Arbitration Rules and the Ethics Code for FDRC Mediators and Arbitrators. The Appointment Committee of FDRC may at its sole discretion remove any mediator or arbitrator who fails to adhere to the relevant rules, codes and requirements.
V. Renewal of Membership on the Lists and Continuing Professional Development ("CPD") Requirements
Mediators and Arbitrators on the Lists are required to obtain a minimum of 10 CPD points during the 2 years immediately preceding renewal of membership. Proper and accurate CPD records shall be maintained by mediators and arbitrators on the Lists using the Form A-3(a). Please refer to the “Continuing Professional Development (CPD) Requirements” as set out in the Standards and Procedures for Admission to the FDRC List of Mediators and FDRC List of Arbitrators for details. For renewal of membership, please complete and submit Form A-3(b).
For the CPD Course schedule, please refer to the Training session.
- Form A-2
(Curriculum Vitae Form for Admission to the FDRC List of Mediators/Arbitrators) - Form A-3(a)
(CPD Record for the FDRC Mediators/Arbitrators) - Form A-3(b)
(Membership Renewal for the FDRC Mediators/Arbitrators)
VI. Procedures for Registration of Continuing Professional Development (“CPD”)
For event organisers which are interested in applying for FDRC CPD events or as FDRC Approved CPD Providers , please follow the Procedures for Registration of CPD Courses/Lectures/Seminars/Workshops/Programmes in relation to FDRS.
VII. FDRC Approved CPD Providers
Recognised Subject Areas
1.
Regulatory Framework or Regulatory issues in connection with the banking and financial industry, Experience Sharing & FDRC Workflow
2.
a. Communication skills
b. Negotiation
c. Advanced mediation skills
d. Conflict coaching skills for mediators
e. Alternative dispute resolution processes
f. Conflict management
3.
g. Special knowledge on resolving financial products disputes
h. Regulatory issues in connection with the banking and financial industry
i. Financial products
FDRC Approved CPD Providers
- FDRC
- Regulators as stated in the FDRC Terms of Reference
Joint Mediation Helpline Office
FAQs for Mediators and Arbitrators
- What steps do I need to take to be enlisted on the FDRC List of Mediators or List of Arbitrators?
- What is an Approved Training Programme?
- When will be the next training?
- If I do not fulfill the requirements to be enlisted as the Mediator / Arbitrator at the time when I complete the approved training, can I still apply to become the FDRC Mediator / Arbitrator when I accumulate sufficient experience later on?
- What is the fee for the Approved Training Programme of the FDRC?
- Is there any admission fee for being the FDRC Mediator / Arbitrator?
- What are the CPD requirements for renewal of memberships on the FDRC List of Mediators and FDRC List of Arbitrators (the Lists)?
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What steps do I need to take to be enlisted on the FDRC List of Mediators or List of Arbitrators?
- You have to be on the list / panel of any one of the organisations recognised by the FDRC.
- You have satisfactorily completed an Approved Training Programme.
- You have proven relevant experience as a mediator or as an arbitrator related to financial products or commercial contract disputes.
- You have to submit together with the documentary proofs of the above together with a Form A-1 to the FDRC for the consideration of the FDRC Appointment Committee.
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What is an Approved Training Programme?
It is a training programme approved by the FDRC Appointment Committee, and in respect of its content which cover: -
- Part 1: Regulatory Framework, FDRC Workflow and Experience Sharing, which is a 6 hours classroom training; and
- Part 2: Financial Products and their Selling Process (offered by banks and brokerages), which includes 6 hours classroom training and a self-study package estimated to be completed in 20 hours.
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When will be the next training?
- FDRC will organise Approved Training Programme from time to time. Please check our event calendar for details.
- The CPD training will be offered from time to time having regard to the availability of the FDRC Approved CPD Providers, venue and the demand for such training. The content and duration of the training will be suitably adjusted from time to time to take into account of industry product and policy developments and any other changes. The FDRC will from time to time update the FDRC Approved CPD Providers.
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If I do not fulfill the requirements to be enlisted as the Mediator / Arbitrator at the time when I complete the approved training, can I still apply to become the FDRC Mediator / Arbitrator when I accumulate sufficient experience later on?
Yes, you can apply to become the FDRC Mediator / Arbitrator when your accumulated experience fulfills the requirements within a 2-year period after the training.
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What is the fee for the Approved Training Programme of the FDRC?
The current fee for the Approved Training Programme of the FDRC is HKD3,900 (including self-study pack, lecture fee and assessment fee) and it is subject to change.
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Is there any admission fee for being the FDRC Mediator / Arbitrator?
There is no admission fee to be on the FDRC List of Mediators and List of Arbitrators. There is an application fee of HKD200 for first-time application for admission or a renewal fee of HKD200 payable upon application for renewal of membership to a List every 2 years.
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What are the CPD requirements for renewal of memberships on the FDRC List of Mediators and FDRC List of Arbitrators (the Lists)?
Mediators and arbitrators on the Lists are required to obtain at least 10 CPD training points during the 2 years immediately preceding renewal of membership. 5 out of the 10 required CPD points must be obtained by attending CPD events organised by (a) the FDRC, (b) the FDRC Approved CPD Providers, or (c) other event organisers registered with the FDRC. They may obtain the remaining 5 CPD points through a variety of related activities of their own choice.
In addition, at least 2.5 of the 10 required CPD points must be obtained by attending courses or events on the Recognised Subject Areas in relation to “Special knowledge on resolving financial products disputes”, “Regulatory issues in connection with the banking and financial industry” and “Financial products”. CPT activities listed in the Guidelines on Continuous Professional Training. issued by the Securities and Futures Commission are recognised as fulfilling this requirement.
For more details, please refer to Section IV “Continuing Professional Development (CPD) Requirements” of the Standards and Procedures for Admission to the FDRC List of Mediators and FDRC List of Arbitrators.