Page:Mediation Ordinance (Cap. 620).pdf/4

Mediation Ordinance Ord. No. 15 of 2012 Section 4 4. Meaning of mediation

(1) For the purposes of this Ordinance, mediation is a structured process comprising one or more sessions in which one or more impartial individuals, without adjudicating a dispute or any aspect of it, assist the parties to the dispute to do any or all of the following—
 * (a) identify the issues in dispute;
 * (b) explore and generate options;
 * (c) communicate with one another;
 * (d) reach an agreement regarding the resolution of the whole, or part, of the dispute.

(2) For the purposes of subsection (1), a session is a meeting between a mediator and one or more of the parties to a dispute, and includes any activity undertaken in respect of—
 * (a) arranging or preparing for such a meeting, whether the meeting takes place or not; and
 * (b) following up any matter or issue raised in such a meeting.

(3) For the purposes of subsection (2), a meeting includes a meeting conducted by telephone, video conferencing or other electronic means.

5. Mediation and mediation communications to which this Ordinance applies

(1) Subject to subsection (2), this Ordinance applies to any mediation conducted under an agreement to mediate if either of the following circumstances applies—
 * (a) the mediation is wholly or partly conducted in Hong Kong; or
 * (b) the agreement provides that this Ordinance or the law of Hong Kong is to apply to the mediation.