It is recognised by the Law Society of Hong Kong (“LSHK”) that the skills of a successful mediator are largely unrelated to the type of dispute, although a mediator having specialist knowledge of the type of dispute may in some cases facilitate settlement. It is part of the normal accreditation process to assess the specialist knowledge of potential panel members. Parties seeking mediation are normally well equipped to assess the relevance of specialist knowledge and to select a mediator accordingly. The exception to this rule is in the area of family mediation. In this area, specialist knowledge of family law and dynamics is required.

In light of the above, two panels of accredited mediators are maintained by the LSHK:-

(a)      the General Panel; and

(b)      the Family Panel.

A solicitor may qualify for both panels, but as few solicitors are expected to seek such dual accreditation, the two panels will have separate accreditation procedures. Any person seeking to have training that was obtained under one procedure recognised for the other procedure will be assessed on an individual basis.

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To qualify for accreditation as a General Mediator, a solicitor (“candidate”) must complete the following 3 stages:

Stage 1 - Preliminary

(a)      Hold a current practising certificate.

(b)      Be a member of the LSHK.

(c)      Satisfactory completion of a mediation training course or courses of 40 hours minimum duration approved by the LSHK Mediator Accreditation Committee.

(d)      The LSHK Mediation Accreditation Committee has the right to waive any or all of the above requirements in particular cases.

Stage 2

(a)      Mediate or co-mediate at least 2 actual or simulated mediation cases.

(b)      After completion of any 2 such actual or simulated mediation cases, a candidate is required to complete a self evaluation sheet (Form MA2) assessing the mediation process in which he participated.

(c)      In addition, a candidate must obtain:

Stage 3

(a)      Within 4 years after completion of stages 1 and 2, candidates may apply to the LSHK Mediator Accreditation Committee for accreditation using Form MA1, attaching the Stage 2 mediation evaluation sheets (Form MA2 and MA3/MA4) to the application.

(b)      Prior to accreditation being approved, a candidate for mediation accreditation may be called by the LSHK Mediator Accreditation Committee to take part in an accreditation assessment, including a personal interview, and a possible further simulation supervised by an accredited supervisor chosen by LSHK Mediator Accreditation Committee, who must submit a completed Form MA4 in connection with the further simulation.

Candidates who are accredited will have their names included on the relevant LSHK Panel of Accredited Mediators, subject to complying with all the above requirements.

 Flow Chart on the process to become an Accredited General Mediator

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In order to qualify for accreditation as a Family Mediator, a candidate is required to complete the following 4 stages:

(a)      Hold a current practising certificate.

(b)      Have been engaged in the practice of law for 5 years on a full time basis or equivalent.

(c)      For 3 years prior to the application, demonstrate a sufficient involvement in the area of family law.

(d)      Be a member of the LSHK.

(e)      Satisfactory completion of a basic family mediation training course or courses of 40 hours minimum duration as approved by the LSHK.

(f)      The LSHK Mediation Accreditation Committee has the right to waive any or all of the above requirements in particular cases.

(a)      Co-mediate two actual family mediations under the supervision of an LSHK Accredited Family Mediation Supervisor.
(Refer to the list of Accredited Family Mediation Supervisors.)

(b)      The candidate may nominate a Supervisor from the approved list, subject to the Supervisor's consent. The Supervisor may accept, turn down or wait list the applicant in consideration of personal capacity, caseload, language and cultural compatibility.

(c)      A supervision fee (to be agreed in writing between the Supervisor/the agency to which the Supervisor belongs and the candidate) will be paid by the candidate to the Supervisor/Supervisor's agency as the case may be for the supervision service and which fee shall in no event exceed the amount as set out in the Fee Schedule on page 9. For those approved Supervisors in private practice this fee will be in addition to normal client fees. The source of case referrals and venue for the supervised mediations are to be negotiated between the Supervisor and the candidate.

(d)      A Supervisor, who agrees to co-mediate with or supervise a candidate, will co-mediate or supervise only one case with a candidate. Each case shall be of a minimum of five hours and must be sufficiently complex for the candidate to demonstrate the ability to manage emotional intensity and mediate complex financial and child related matters.

(e)      The Supervisor will provide not less than 30 minutes of feedback discussion after each mediation session and will complete and sign an evaluation form (Form MA4) within 14 days of the end of the mediation. The Supervisor shall be as thorough and comprehensive as possible in the feedback discussions and in the completion of Form MA4. A copy of Form MA4 shall be provided to the candidate.

(f)      The candidate will be required to complete the self-evaluation form (Form MA2) and obtain 4 completed client evaluation forms (Form MA3) at the end of the mediation and forward these to the Supervisor.

(g)      The responsibility for obtaining the client evaluation forms (Form MA3) is on the candidate.

(a)      Satisfactory completion of an advanced family mediation training course approved by the LSHK. Stage 3 may be completed before Stage 2.

(a)      Within 4 years after completion of stages 1, 2 and 3 candidates may apply to the LSHK Mediator Accreditation Committee for accreditation using Form MA1. The Supervisor's signed evaluation sheets (Form MA4) together with client evaluation sheets (Form MA3) and self-evaluation sheets (Form MA2) shall be submitted at the same time.

(b)      Prior to accreditation being approved, a candidate for mediation accreditation may be called by the LSHK Mediator Accreditation Committee to take part in an accreditation assessment including a personal interview, and a possible further simulation supervised by an accredited supervisor chosen by the LSHK Mediator Accreditation Committee, who must submit a completed Form Form MA4 in connection with the further simulation.

Candidates who are accredited will have their names included on the relevant LSHK Panel of Accredited Mediators, subject to complying with all the above requirements.

 Flow Chart on the process to become an Accredited Family Mediator

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(a)      The applicant must be accredited by the LSHK as an Accredited Family Mediator.

(b)      The applicant must demonstrate sufficient experience in the field of family mediation by way of an application using Form MA1.

(c)      By way of guidance, it is unlikely that an applicant will be considered to have demonstrated such experience if such applicant cannot show that he/she has acted as a mediator in at least 10 family mediation cases.

(d)      Specific exemption from the above requirements will be granted to those applicants who are, at the time of the application for accreditation as a Family Mediation Supervisor by LSHK, accredited as a Family Mediation Supervisor by the following bodies:

(a)      Candidates who can demonstrate sufficient mediation experience may be granted an exemption by the Mediator Accreditation Committee from any or all of the stages of the accreditation requirements.

(b)      A request for exemption must be made in writing to the Mediator Accreditation Committee and accompanied by all relevant supporting documentation. Specific exemption will be granted from the requirements of attending mediation training courses (Stage 1 and, for Accredited Family Mediators, Stage 3) and all requirements of Stage 2 accreditation requirements for Accredited General Mediators and Accredited Family Mediators, to members of the LSHK who have been, prior to the date of application for accreditation as a mediator by LSHK, accredited as mediators of the relevant Panel by the following bodies:

(c)      A candidate who has completed an LSHK approved family mediation training course (including both the basic and advanced courses) is eligible to undertake the LSHK General Mediator assessments.

(d)      A candidate who has completed only an LSHK approved basic family mediation training course is not eligible to undertake the LSHK General Mediator assessments unless he has completed a bridging course or practice session in the context of general mediation as directed and approved by LSHK.

(e)      A Family Mediator accredited by LSHK or The Hong Kong International Arbitration Centre is eligible to apply for accreditation as a General Mediator on the basis of his accredited Family Mediator status.

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(a)      The lists of Panel Members are maintained by the LSHK and are available on the LSHK web site and at the reception counter of the Society's offices.

(b)      Successful candidates will be required to provide a panel reference c.v. as per Form MA5. It is desirable that the reference be completed in both English and Chinese.

(c)      Panel membership will be for a 4-year period.

(d)      Panel members are required to apply for renewal of accreditation every 4 years. An administrative fee (set out on page 9) is payable upon renewal application.

(e)      To coincide with the practice year cycle, renewal accreditation shall commence from 1 January. All renewal applications should therefore be made before 30 November the preceding year.

(f)      all accreditation granted:

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Renewal of membership will be subject to the Panel member demonstrating to the LSHK Mediator Accreditation Committee that he has undertaken or has been exempted from the CPD requirements as set out below:

(a)      It is desirable that LSHK Accredited Mediators on both the General and Family Panels be considered to be of high quality and be seen as having met established standards of training. It is also desirable that these standards be upheld even after accreditation, and in this regard CPD for LSHK Accredited Mediators is considered to be an important element.

(b)      The CPD requirements herein are intended to be realistic and are the minimum requirements which LSHK Accredited Mediators are expected to meet. LSHK Accredited Mediators are encouraged to exceed the minimum requirements whenever possible.

(c)      LSHK Mediator Accreditation is for a 4-year period and renewal of such accreditation is subject to, among other things, that the LSHK Accredited Mediator seeking renewal of his accreditation has undertaken, out of his CPD requirement, a total of at least 20 CPD points in mediation training during the 4 immediately preceding CPD years. The 20 CPD points on mediation training obtained during the 4 CPD years prior to renewal shall exclude the CPD points obtained from the training course(s) that fulfilled the training requirements in Stage 1 (General and Family) and Stage 3 (Family) of the requirements to be an LSHK Accredited Mediator. Exemptions from the CPD requirement in mediation training may be granted by the LSHK Mediator Accreditation Committee on a case-by-case basis where exceptional circumstances exist and where it is fair and reasonable to do so.

(d)      The LSHK will organise as many activities as possible in order to assist LSHK Accredited Mediators meet their CPD requirements. Compliance may be achieved through a variety of approved activities, and not exclusively through activities sponsored by the LSHK.

(e)      The LSHK's Mandatory CPD Training Record shall be used by LSHK Accredited Mediators:

(f)      Each LSHK Accredited Mediator shall be responsible for the accurate maintenance of his Training Record and will be required to submit his Training Record at the time he seeks renewal of his accreditation. There will be no fee charged for the review of the Training Record, the cost of such review being included in the administrative fee paid by each LSHK Accredited Mediator upon application for renewal of membership. Accurate recording and maintenance of the Training Record is important in order to comply with the CPD requirements.

Each LSHK Accredited Mediator must include all relevant details of all events and activities in the Training Record which will count toward compliance with the CPD requirements.

Training Records may also be reviewed or checked at random. When the Training Records are due for submission and review, such review will be carried out by the LSHK Mediator Accreditation Committee. No later than 2 months after a Training Record has been duly submitted by a LSHK Accredited Mediator to the LSHK Accreditation Committee, the Training Record will be returned to the LSHK Accredited Mediator in question with an indication that either:

(g)      The purpose of the CPD requirements is to enhance the skills and knowledge of LSHK Accredited Mediators.

Inclusion on a LSHK Panel of Mediators will be subject to an application assessment fee per category of assessment and an administrative fee for renewal of membership per category payable every 4 years upon application for renewal of membership to a particular panel, as set out in the following fee schedule.

	General / Family (Fees in HK$)
Application assessment / re-assessment fee per assessment / re-assessment (non-refundable)	$500*
Administrative fee for renewal of membership per category payable every 4 years upon application for renewal of membership to a particular panel	$500*
Maximum supervision fee	$800 per hour subject to a maximum supervision fee of $8,000 per case

* Cheques to be made payable to “The Law Society of Hong Kong”.