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FREQUENTLY ASKED QUESTIONS

 

GENERAL QUESTIONS

(1)   Why was the HKMAAL formed by only 4 Founder Members only? Why are other mediation organisations not invited to join as Founder Members?

Answer:  

Taking into account the accreditation standards adopted by the 4 Founder Members including the contents and requirements of training courses, which are comparable to those in jurisdictions where mediation is well developed, their significant involvement in the promotion and development of mediation in Hong Kong, and their mediators’ participation in the provision of mediation services, the Mediation Task Force took the view that it was appropriate for these four bodies, which had the largest number of mediators in Hong Kong, should form the core of the HKMAAL Accredited Mediators and be the Founder Members.

 

(2) What policies have been made by HKMAAL so far to promote mediation closer to the public?

Answer:

Promotion of mediation is not the role of HKMAAL.  There are many other bodies in Hong Kong who are involved in the promotion of mediation.  HKMAAL will focus on accreditation standards and development of training of mediators.

 

(3) Why was HKMAAL formed?

Answer:

To create the premier accreditation body for mediators in Hong Kong discharging both accreditation and disciplinary functions.  The long term aim is to eventually form a single accreditation body in Hong Kong.

 

(4) What are the terms and fees for the panel membership at HKMAAL?

Answer:

The Panel Fee for the first year of membership on the HKMAAL's panel of mediators is HK$900. The fee covers the period from 2 April 2013 to 30 June 2014. The starting date of the first year of membership will have no effect on its end date.


(5) What does the Panel Fee of HK$900 include?

Answer:

HKIAC HK$900 if the Panel Maintenance Fee per category per calendar year (July to June). For the mediators of the Founder Members, the Panel Fee of HK$900 per category covers the period from 2 April 2013 to 30 June 2014.

 

(6) Are mediators mostly lawyers?  Since 3 out of 4 Council Members are lawyers, will the HKMAAL Council favour the any profession? What has HKMAAL done to ensure that mediators come from various backgrounds?

Answer:  

Hong Kong International Arbitration Centre (HKIAC) and Hong Kong Mediation Centre (HKMC) have the largest panels of mediators and they come from diverse background including commercial, construction, accountancy, finance, medical and social work. HKIAC also has a panel of Family Mediators which consists mainly of social workers. It is therefore hoped that under the grand-parenting arrangements HKMAAL will also have a diverse group of mediators. It is certainly not the policy of HKMAAL to favour the legal profession. Although there are 3 lawyers on the HKMAAL Council, the Chairman Mr. John Budge who is a solicitor, represents the HKIAC not the Law Society.  HKMAAL has set up a committee, working party and working group with members from diverse backgrounds.  No favour is given to any profession.

 

(7) What are the benefits of being an HKMAAL mediator?

Answer:

It is clear that the long term goal of HKMAAL and the Secretary for Justice is that there should be one single mediation accreditation body in Hong Kong.  Now is the right time to join that body.

 

(8) Can a mediator accredited by HKMAAL apply to join the panel of general mediators of any of the Founder Members?

Answer:

This will be up to the various Founder Members.  HKMAAL aims to be the single and premier accreditation body.


Stage 1 Mediation Training Course

(9)  Does HKMAAL provide mediation training courses?

Answer:

No, HKMAAL will not provide mediation training courses as HKMAAL is only a regulatory body which is interested in mediation accreditation standards for mediators and accreditation of training courses.

 

(10) What are the arrangements for existing mediation training courses provided by other organisations?  How will this tie in with the new accreditation standards?

Answer:

During the transitional period, the training courses accredited by the Founder Members prior to 24 July 2013 will continue. After 24 July 2013, HKMAAL will commence accrediting mediation training courses and all Founder Members will cease accreditation of mediation training courses. 


(11) Where can i find HKMAAL approved training courses to satisfy Stage 1 Training Course requirement?

Answer:

Please refer to the 'Mediation Training Course' section of the website for details of the training courses accredited by HKMAAL. During the transitional period, potential candidates may also enroll or attend training courses accredited by Founder Members of HKMAAL prior to 24 July 2013. The attendees of the training courses accredited by Founder Members are eligible to apply to take part in HKMAAL Stage 2 Mediator Assessments.


Stage 2 Mediator Assessments

(12How do I apply to take part in Stage 2 Mediator Assessment (General)?

Answer:

The Upon satisfactory completion of Stage 1 approved Training Course, candidates who wish to apply for Stage 2 Mediator Assessment must first email the following details to HKMAAL (hkmaal@hkmaal.org.hk):

 

  • Full name
  • Contact number
  • Email address
  • Preferred language for assessment (English or Cantonese)
Candidates will be informed by email about the dates of Stage 2 Mediator Assessment only when a schedule is made available. 


(13)   Will I be able to apply to take part in Stage 2 Mediator Assessment online?

Answer:

No. There is no online application available.


Accreditation Standards

(14Will HKMAAL review the accreditation of mediators and the assessment standards and arrangements or follow the same accreditation arrangements the Founder Members?

Answer:

 

The HKMAAL has formed a Working Group under the chairmanship of Mrs. Robyn Hooworth to review the standards with a view to agreeing a single accreditation standard.  It is likely by the end of July the finalized standards and accreditation arrangements will become effective. As part of the process, HKMAAL will arrange briefing and discussion sessions.

 

(15) What are the activities currently undertaken by HKMAAL as regards mediator accreditation and assessment?

Answer:

HKMAAL is comprised of the Main Council and the following committee, Working Party and Working Group namely:

 

a.  Mediation Accreditation Committee (Chairman: Mr. John Budge)

Ÿ     Functions:

 

  1. To set and review standards for accredited mediators, supervisors, assessors, trainers, coaches and other professionals involved in mediation in Hong Kong; 
  2. To set standards and assess the suitability of relevant mediation training courses in Hong Kong and experience required for persons to be accredited;
  3. To maintain panels of mediators, assessors, family supervisors who have met the requirements;
  4. To review issues pertaining to the development and training and continuous training of mediators, assessors and family supervisors; and 
  5. To establish complaint procedures and deal with disciplinary actions. 

 

 

 b.  Working Party on Membership (Chairman: Mr. Thomas So)

Ÿ      Function:

 

  1. To review member applications and to make recommendations to the Council.

 


c.  Working Group on Accreditation Standards (Chairman: Mrs. Robyn Hooworth)

Ÿ  Function:

 

  1. To review and revise the Mediator Assessment Form and formulate the HKMAAL accreditation standards.

 


(16) What is/are the expected output/s of the Working Group on Accreditation Standards? When is the first assessment expected to be conducted?

Answer:

Ÿ  The Working Group on Accreditation Standards will be led by Mrs. Robyn Hooworth who is an experienced mediation training course trainer in Hong Kong and Australia.  She has been working in Conflict Resolution since 1987. As well as maintaining a busy Private Practice mediating commercial, financial, community, asset division, custody and access disputes, Mrs. Hooworth conducts mediation training, supervising, assessing and lecturing throughout the Asian region and in Australia and the United Kingdom. She will be in charge of the following:-

a.   Formation of a Working Group to revamp HKMAAL Form 1 (i.e. Mediator Assessment Form) and         the revision and creation of standards to be obtained to pass the Stage 2 assessment; and

b.   To conduct an Assessors' Forum at the end of May or early June upon confirmation of the                   finalized assessment forms and accreditation standards.

Mrs. Hooworth will report to the HKMAAL Council and will be assisted by the HKMAAL Secretariat in undertaking her tasks.

 

(17) Will HKMAAL consult stakeholders in formulating its accreditation standards and assessment forms?  If so, how?  If not, why not?

Answer:

HKMAAL will hold briefing and discussion sessions with stakeholders.

 

(18) Is there a minimum academic / professional qualification requirement in order to be a HKMAAL mediator?

Answer:

In view that the Working Group is undertaking the task, it is not necessary to make any predetermination at this point of time. No doubt a review of the requirements including academic/professional qualifications among a number of other conditions and requirements currently adopted by different accreditation bodies will be considered by the Working Group.

 

(19) Who will be the assessors in the Mediator Accreditation Assessments?  What are the requirements of being an assessor in future HKMAAL Assessments?

Answer:

We have in Hong Kong many experienced Assessors who will continue to act as assessors for HKMAAL assessments. The requirements of being an assessor is an area which is being considered at the present moment.

 

(20) When will Stage 2 Mediator Assessment take place?


An
swer:

The Please refer to the 'Dates of Stage 2 Assessments' indicated on the webpage 'How to become a Mediator'>'General Mediator'.

(http://hkmaal.org.hk/en/HowToBecomeAMediator_G.php)


GRANDPARENTING

(21) Can mediators in the panels of the Founder Members apply to be part of the HKMAAL's panel of mediators?

Answer:

Mediators of the 4 founder members may apply to be on the HKMAAL's panel of mediators before 31 March 2014.  This represents a recognition of the standard of accreditation adopted by the founder members.

 

(22) Can mediators who are a long time off the panel from the Founder Members apply to be part of the HKMAAL's panel of mediators?

Answer:

Mediators of the 4 founder members may apply to be on the HKMAAL's panel of mediators before 31 March 2014. They are eligible to apply to be on the HKMAAL's panel of mediators if they are reinstated as accredited mediators by the relevant Founder Member.


(23) After an organisation joins HKMAAL as a member, are the panel / list of mediators of those members eligible to migrate to HKMAAL without going through any stages of the accreditation requirements?

Answer:

HKMAAL’s aim is to ensure that mediators on its panel should meet standards acceptable to HKMAAL. Provided the mediators on a member’s panel are of the requisite standard, the mediators may be eligible to migrate to HKMAAL’s panel without the need for further assessments. We note that many mediators belonging to panels of potential members of HKMAAL are already accredited mediators of the Founder Members.


MEMBERSHIP

(24) What are the factors to be taken into account in connection with the consideration for admission as Member of HKMAAL?


A
nswer: 

a.      The objectives and activities of the organisation;

b.      The industry or sector to which the organisation belongs;

c.       The number of members of the organisation and the criteria for membership;

d.      The governance (including structure and past history) of the organisation;

e.      The number of years the organisation has been established (whether in Hong                Kong or elsewhere);

f.      Whether the organisation is a branch or associated body of another organisation;         if yes, the relevance of such other organisation by reference to the factors set out         herein;

g.      if the organisation is a mediation service provider –

(i)   The types of services provided (e.g. Accreditation of mediators, mediation referral       services, mediation training);

(ii)  If the organisation accredits mediators, the standard and requirements for                   accreditation;

(iii)  Records of the services provided (e.g. Number of cases referred, number of                  courses organised and number of mediators accredited);

(iv)  Whether the organisation has established a panel or list of mediators, and if so,            the number of mediators on its panel or list and whether there are continuous              professional development requirements;

(v)   Whether the organisation has adopted the Hong Kong Mediation Code and if not          whether it has its own code of conduct; and

       (vi)  whether the organisation has a complaint and disciplinary system;

 

h.      If the organisation is not a mediation service provider –

(i)     Whether the organisation has developed a dispute resolution and mediation                  culture; if not, where the organisation has any concrete plan to develop a dispute          resolution and mediation culture;

 

(ii)   Whether a dispute resolution and mediation culture would benefit the activities of        the organisation;

 

i.     Whether admission of the organisation as a member of HKMAAL would assist HKMAAL in achieving its aims and objectives;

j.       Such further or other factors as may be relevant in the circumstances in peculiar to the organisation in question.

 

(25) Will member organisations of HKMAAL continue to have their own accreditation systems?

Answer:

No, a body which joins HKMAAL will have to terminate its own existing accreditation system.  This is necessary in view of HKMAAL’s objective to be the single and premier accreditation body for mediators in Hong Kong.

 

(26) After joining the HKMAAL as a member, is the member able to maintain its panel / list of mediators?


Answer: 

Yes, it can maintain its panel/list of mediators.

 

(27)What are the benefits of joining HKMAAL as a member? Since the members have to terminate its own accreditation system, any benefits in return?


A
nswer:

If an organisation joins HKMAAL at this stage, they will be one of the members who contribute to building a single accreditation body. It is also possible that those mediators on their panel will be able to migrate to the HKMAAL panel without having to go through any of the HKMAAL accreditation process. The organisation will also be able to concentrate their efforts on the promotion of mediation for their members and leave accreditation and discipline to HKMAAL.

 
 
 
 
 
 
 
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