Training

CPD event: Dos and Don'ts for Mediation Practice

Date: September 4, 2020

Time: 12:30pm to 2:00pm

Speakers: Mrs Cecilia WONG and Ms Melissa PANG

A. Mediator's responsibilities and obligations under the current framework of mediation rules and guidelines

In the seminar, it will discuss the following rules and guidelines:-

• The Hong Kong Mediation Code;
• Disciplinary rules of the Hong Kong Mediation Accreditation Association Limited ("HKMAAL"), including rules for handling complaints against an accredited mediator; and
• Guidelines for professional practice of mediators.

B. Practical aspects of conducting mediation

In the seminar, it will cover the following areas:-

• Conflict of interest - declaration of interest, avoiding conflict of interest and due diligence;
• Agreement to mediate - how to draft an agreement to mediate and points to note;
• Fees and Legal Aid cases - correct way to draft the fee clause and points to note for Legal Aid, JMHO or Law Society's appointed cases;
• Confidentiality - mediator's code of confidentiality & confidentiality agreement;
• Competence - a mediator should be competent and available, with competence in different aspects of law and disputes;
• Venue - utilization of different venues and COVID-19;
• Settlement agreement - the obligations of a mediator;
• Mediator's liabilities - professional insurance, writ of subpoena, lawsuits against the mediator; and
• Sharing of conduct cases - real conduct cases and possible disciplinary actions.

CPD: HKMAAL*, HKIAC*, The Law Society of Hong Kong*, Hong Kong Mediation Centre*, FDRC (1.5 points)

(*Pending CPD registration approval from the organisations)

For enquiry: 2901 1224; seminar@jointmediationhelpline.org.hk