Voice

The Family Mediation Service is to help couples facing divorce or separation to resolve any disputes between them in a rational and amicable way. Issues of concern to be mediated include arrangements for the care of children, maintenance, accommodation and division of assets. The interests of children are of primary concern.

The process of divorce can be traumatic for all concerned and emotions can interfere with rational consideration of what needs to be done after what may have been a long period of joint decision making as a couple and as parents. In the mediation process, a professional mediator will help you express your views and concerns as well as to hear those of your partner / ex-partner, and by doing so, to negotiate a settlement agreement which is mutually acceptable to both of you. This co-operative decision making process also aims to facilitate you to maintain positive parenting experience for your children. Mediation leaves both of you in control of decision making. Nobody else makes the decisions for you. However, you may still require legal or financial advice.

Generally speaking, the mediation process takes an average of 6 to 10 hours, which includes a private intake session by mediator for each party and a few joint sessions with the parties together as a couple. If a settlement is reached, the Mediator will draft an Agreement for your legal consultation and the finalization of and execution of a legally-binding Agreement. Than you can present the Agreement together with a divorce application form to the court directly or you may present the Agreement to your lawyers, either private or through the Legal Aid Department, for incorporation into or preparation of the Consent Application to be presented to the court. You are also encouraged to consult your lawyers throughout the mediation process to protect your legal rights in the divorce settlement.

There are many merits of Family Mediation: -

1. It enables you to have greater self-determination and control in the settlement of divorce or separation.

2. The mediation process provides a neutral, fair and safe atmosphere for parties to fully participate and express their points of view and concerns.

3. It enables parents to focus on the interest of all family members, especially the children.

4. A continuing co-parenting relationship can be facilitated.

5. A mutual, freely agreed settlement can be long lasting and free from conflict.

6. Mediation can minimize unnecessary delays and conflicts in the process of divorce or separation, and thus save time and reduce psychological stress in the process.

7. It can resolve conflicts and issues that cannot be adequately dealt with in the judicial system.

8. Individuals with financial hardship may apply for fee remission or waiving, for Family Mediation Service.

Couples who meet the following criteria can apply for the service: -

1. Both parties have decided to divorce or separate.

2. Both parties are willing to receive mediation service and to attend joint sessions to negotiate a settlement agreement.

3. There is no family violence.

At present, the two major non-governmental organizations providing the service are the Hong Kong Family Welfare Society (Tel. No. 2561 9229) and the Hong Kong Catholic Marriage Advisory Council (Tel. No. 2782 7560). Also, the Family Court Mediation Co-ordinator's Office co-ordinates and makes referrals for mediators in private practice as well as those in non-governmental organizations. (Tel. No. 21808063 or 21808066). Please contact these organizations for further enquiries or application for the Family Mediation Service.

Date of amendment: 12th December 2013