Family Mediation Sylvia Wing Yee Siu MBA, FCIArb,FHKIArb,LLM Consultant Solicitor of Sit, Fung, Kwong & Shum Accredited Mediator (of HK Law Society, HKIAC & HKMC) Arbitrator of CIETAC, Guangzhou, Dailin, Chengdu, Suzhou, Shenyang, Loudi, HuiZhou, Arbitration Commission Direct Line : (852)

Family Mediation What is Family Mediation? A voluntary, consensual process With a neutral third party ( the Mediator) Assists the couple : Discuss and resolve family disputes

How does it work? Identify a mediator (M) Separate intake interviews Sign Agreement to Mediate Joint session ( parties and M) Separate session ( a party and M) Separate session ( another party and M) Joint session (s) Separate session(s) if required Joint session ( if required) Draft Settlement Agreement Consider Draft Settlement Agreement Sign Settlement Agreement !?

Role of Mediator Process Facilitator Set goal and ground rules, determine & educate party about process Climate adjustor Communication builder Ideas generator Reality tester

Skills of a Mediator Effective Communicator ( verbal, non-verbal) Reality Tester (BATNA, WATNA) ( Best Worse Alternative Alternative To a To a Negotiated Negotiated Agreement Agreement

Why does it work? Informal, more relaxed setting v court M non-judgmental Reduce tension, anger, misunderstanding Forward looking Improve relation/ communication Parties work out future arrangements Find solutions to meet their needs More likely to comply settlement terms

Suitability/ Unsuitability Commitment ulterior motive Equal power great disparity in power Moderate conflict intense hostility Able party severe emotional prob. Continuing relat- policy matters ionship valued court remedy required more than 1 issues value difference

Pilot Scheme on Family Mediation Judiciary’s 3- year Pilot Scheme (May 2000 to July 2003) 643 information sessions 3400 attended 1085 cases 15% fell through at intake stage with Mediation Co-ordinator’s Office ( 1 party or both did not show up) 941 cases : 641 full agreement 92 partial agreement 78% success rate ( 68% full settlement 10% partial settlement)

Judiciary’s Pilot Scheme Panel of accredited family mediators Parties’ choice 15 hours maximum Free to parties Mediator’s fees $600 per hour Paid by Judiciary

Legal Aid Department’s Pilot Scheme on Family Mediation Similar to Judiciary’s scheme: 15 Hrs maximum $600 /hour panel of accredited mediators parties’ choice Commenced on 15 th March 2005 Budget is there Not enough users!

Case Ms A cohabitated with Mr. B 2 children from the cohabitation 1 child from Ms A’s previous marriage Issues:- Property Living expenses School fees for 3 children Custody Access

Case Mr. X and Mrs X Mr. X has affairs Mrs. X wants Mr. X to leave the house 2 daughters, both studying Mr. X wants Mrs. X wants Mrs. X to forgive him

Case Mr. A ( 75 yrs old) Mrs A ( 72 yrs old) Mrs A wants to petition for divorce as she knew Mr. A was in touch with his former girlfriend ( 73 yrs old) Mr. A did not want to break up the family Mr. A and Mrs. A did not speak to each other for 6months. 1 son ( 50 yrs old) married with 3 children

What should be done? Judiciary’s Pilot Scheme proved it works Should encourage the use of mediation:- A similar provision to s15A of Matrimonial Causes Ordinance be enacted Court to appoint a suitable mediator if parties agree to mediation but cannot agree on the mediator If one party does not consent to adjourn the case for mediation, Judge to use best endeavours to encourage mediation

Cont. What should be done? More family mediators be trained Family supervisors be encouraged to supervise new mediators More dialogue between Judiciary and mediation institutions More support by Government of HKSAR on providing venues for mediation