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Civil Mediation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Civil Mediation Agreement

"I need a Civil Mediation Agreement under Hong Kong law for a commercial dispute between a local manufacturer and an international distributor, with provisions for virtual mediation sessions and Mandarin translation services."

Document background
The Civil Mediation Agreement is a crucial document used in Hong Kong's alternative dispute resolution framework when parties choose to resolve their disputes through mediation rather than litigation. This agreement, governed by Hong Kong law and particularly the Mediation Ordinance (Cap. 620), sets out the entire framework for the mediation process, including the appointment of mediators, confidentiality obligations, costs, and procedural requirements. It is typically used when parties have agreed to mediate their disputes but need to formalize the process and establish clear guidelines and obligations. The document incorporates essential provisions required by Hong Kong law and best practices in mediation, ensuring that the process is properly structured and legally compliant. The Civil Mediation Agreement serves as the foundational document that governs the entire mediation process and protects the interests of all parties involved.
Suggested Sections

1. Parties: Identifies and defines all parties to the mediation agreement, including the mediator and disputants

2. Background: Brief description of the dispute and the parties' agreement to enter into mediation

3. Definitions: Defines key terms used throughout the agreement

4. Appointment of Mediator: Details of the mediator's appointment, qualifications, and role

5. Mediation Process: Outlines the structure and procedure of the mediation process

6. Confidentiality: Confidentiality obligations of all parties and handling of information disclosed during mediation

7. Costs and Fees: Details of mediator's fees, administrative costs, and payment terms

8. Rights and Obligations: Parties' rights and obligations during the mediation process

9. Termination: Circumstances under which the mediation may be terminated

10. Settlement and Enforcement: Process for documenting and implementing any settlement reached

11. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Multiple Mediators: Required when more than one mediator is appointed, defining their respective roles and responsibilities

2. Online Mediation Provisions: Include when mediation will be conducted virtually, specifying platform, technical requirements, and protocols

3. Translation Services: Include when parties require translation services, specifying arrangements and cost allocation

4. Expert Involvement: Required when external experts may be consulted during mediation, outlining process and cost allocation

5. Insurance and Liability: Additional provisions regarding professional indemnity and liability limitations

6. Cross-Border Elements: Include when dispute involves cross-border elements requiring specific jurisdictional considerations

Suggested Schedules

1. Schedule 1 - Mediator's Fee Schedule: Detailed breakdown of mediator's fees, expenses, and payment terms

2. Schedule 2 - Mediation Rules: Detailed procedural rules governing the conduct of the mediation

3. Schedule 3 - Confidentiality Agreement: Detailed confidentiality terms for all participants including observers or experts

4. Schedule 4 - Dispute Summary: Brief summary of the dispute subject to mediation

5. Appendix A - Code of Conduct: Mediator's professional code of conduct and ethical guidelines

6. Appendix B - Administrative Procedures: Detailed administrative procedures including scheduling, venue, and document handling

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Legal Services

Financial Services

Real Estate

Construction

Manufacturing

Professional Services

Healthcare

Education

Retail

Technology

Transportation

Insurance

Energy

Environmental Services

Non-Profit Organizations

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Human Resources

Executive Leadership

Operations

Commercial

Dispute Resolution

Contract Management

Relevant Roles

Legal Counsel

General Counsel

Compliance Officer

Risk Manager

Chief Legal Officer

Company Secretary

Dispute Resolution Manager

Corporate Lawyer

Mediation Coordinator

Legal Operations Manager

Contract Manager

Chief Executive Officer

Chief Operating Officer

Human Resources Director

Commercial Director

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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