About workplace dispute |
Why is there workplace dispute? |
Conflicts always start with individual differences. Nowadays, organizations are dynamic and complex, consisting of people with increasingly diverse values, backgrounds, views, and interests. Added with the consistent pressure on employees for the increase in efficiency and service quality, conflicts in workplace are not uncommon. Conflicts can then deteriorate into workplace dispute, which may only bring harm to an organization, if no proper measure has been adopted.
Why is Certified Workplace Mediator valuable in dealing with workplace disputes? |
Resolving conflicts would not be part of the many roles of management level staff had there not been any conflicts. However, when conflict does occur, someone has to be responsible for dealing with the ties. Being so preoccupied with other major duties and perhaps out of sheer human instinct, it is not unusual to observe that many of the mangers will recoil from difficult conversations in dealing with conflicts, especially when they are not equipped with appropriate skills in handling complex situations. Being put aside instead of being managed properly, the issue will only aggravate and negatively affect the organization.
A Certified Workplace Mediator is well qualified to help ease the burden of the management level, deal with the dispute with effective skills and strategies and resolve employment and workplace conflict efficiently, in order to minimize the inconvenience caused to the organization. Furthermore, sometimes an intervention from a manager may be perceived as biased, or as favoring one side over another. Employing an outsider mediator, who has trained to be a neutral and impartial third person, will facilitate the communication between parties, bridging the discrepancies.
What are the benefits for the corporates to resolve workplace dispute? |
Talents are the key to organizational success and productivity, and negative conflicts between individuals or groups of individuals will severely hamper an organization's drive for competitive advantage and jeopardies the performance and well-being of talents. Organizations, therefore, have a vested interest in helping employees acquire the skills needed to manage conflict effectively so as to sustain the employment relationship.
Why is mediation adopted to resolve workplace dispute? |
Mediation is a form of alternative dispute resolution that can be effective in helping to resolve a tense and difficult situation. It involves using a trained, neutral mediator to interact with the conflicting parties and to help them work towards finding a solution that is acceptable to both parties.
Mediation does not necessarily result in a definitive solution, but it brings both sides together to find a solution based on their mutual interests. Naturally, parties to a dispute are more willing to engage in the process if they are reassured that they will not be forced to accept any outcome with which they are not happy. Mediation focuses on working together to go forward, not determining who was right or wrong. Therefore, it is particularly useful in rebuilding communication and maintaining relationship.
Most importantly, the confidentiality nature of mediation renders both parties the best protection on reputation and privacy. In some organizations, mediation is written into formal discipline and grievance procedures as an optional stage.
It is worthy to note that mediation is not a panacea, and there are some cases, though very limited, where mediation will not be a suitable resolution mechanism. It is therefore important to identify a professional mediator and choose an appropriate mediation approaches to suit different organizational circumstances.
Our Service |
Introduction |
Conflicts and dispute in workplace can cost an organization a fortune, in such aspects as team morale, internal competition, loss of talents, distraction from work and lowered efficiency and quality of services, etc. Yet management staff may not acquire the needed skills for effective resolution of workplace conflicts. MHJMC serves as a third party on deployment, to offer quality workplace mediation services which cater for the individual needs of a given organization, on specified issues.
Scope of Services |
MHJMC accepts applications of all kinds of disputes involved in the workplace of commercial corporations, SMEs and any other organizations. The facilitative model of mediation will be adopted to resolve the dispute and to reach win-win-win settlement for all parties involved. A Mediated Settlement Agreement may be drafted and signed by the parties to ensure the enforcement of provisions if so required.
Application, Procedures and Fee |
Application Method |
Any commercial corporations, SMEs and other organizations with internal dispute and conflicts emerging in the workplace, or any individual involved in dispute with colleagues in the organization may submit application to MHJMC for mediation. The following documents are required when applying for mediation service at MHJMC:
Applicant is required to pay the non-refundable registration fee (HK$1,000) to MHJMC. The Secretariat of MHJMC would, on receipt of the application for mediation service, send invitation to contact all the other parties (if required), and encourage other parties to settle the dispute by the Cross-Border Disputes Resolution Mechanism. Other parties should reply in writing about their acceptance to engage in mediation within 14 days from the day of notification. The Secretariat of MHJMC will remind other parties that if no response is received within the time limit, the parties will be regarded as rejecting mediation. And the service shall then be terminated. After confirmation of consent from the parties to engage in mediation and proper reception of the payment from the applicant, the Secretariat of MHJMC will officially commence the mediator appointment procedures and arrange verification of relevant evidence submitted by the parties. In any case the appointed mediator is not available to perform his/her duties, another mediator would be nominated by MHJMC, unless otherwise agreed by the parties. Applicant and parties in dispute should jointly appoint a mediator within 15 days from the day of receiving the notification of mediator appointment. If there is no consensus as at the deadline, MHJMC would specify a mediator to handle the case. The mediation should be completed within 3 months from the date of appointment of CWPM.
Applicants are also required to:
- The properly completed application form
- The facts of the dispute and request for mediation
- Related evidence and documents
- Proof of identity of parties involved and the contact person
- If any party entrusts an attorney to participate in mediation, a letter of attorney and authorization shall be submitted.
Applicant is required to pay the non-refundable registration fee (HK$1,000) to MHJMC. The Secretariat of MHJMC would, on receipt of the application for mediation service, send invitation to contact all the other parties (if required), and encourage other parties to settle the dispute by the Cross-Border Disputes Resolution Mechanism. Other parties should reply in writing about their acceptance to engage in mediation within 14 days from the day of notification. The Secretariat of MHJMC will remind other parties that if no response is received within the time limit, the parties will be regarded as rejecting mediation. And the service shall then be terminated. After confirmation of consent from the parties to engage in mediation and proper reception of the payment from the applicant, the Secretariat of MHJMC will officially commence the mediator appointment procedures and arrange verification of relevant evidence submitted by the parties. In any case the appointed mediator is not available to perform his/her duties, another mediator would be nominated by MHJMC, unless otherwise agreed by the parties. Applicant and parties in dispute should jointly appoint a mediator within 15 days from the day of receiving the notification of mediator appointment. If there is no consensus as at the deadline, MHJMC would specify a mediator to handle the case. The mediation should be completed within 3 months from the date of appointment of CWPM.
Applicants are also required to:
- (For reapplication for mediation of the same case) Re-submit the registration fee;
- Appoint or authorize MHJMC to appoint one or more than one mediator(s) in the MHJMC Panel of Dispute Resolution Experts; and
- Prepay 50% of the mediation fee enlisted on the Table of Mediation Fee
Application Process |
Table of Suggested Workplace Mediation Fee |
| Items | Charges |
| Registration Fee (Non-refundable) | HK$1,000 |
| Workplace Mediation Service Charge (30 hours) | HK$9,000 |
| Over 30 hours – Add-on Hourly Charge | HK$500 |
MHJMC Rules for Workplace Mediation Services |
| Article 1 | Purpose Utilizing our experience in dispute resolution and our huge platform of professional connections, Mainland - Hong Kong Joint Mediation Center (MHJMC) aims to resolve cross-border and international civil and commercial disputes in a harmonious, efficient and effective manner, at a low cost. |
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| Article 2 | Scope of Services MHJMC accepts applications of all kinds of disputes involved in the workplace of sizeable corporations, SMEs and any other organizations. The facilitative model of mediation will be adopted to resolve the dispute and to reach win-win-win settlement for all parties involved. A Mediated Settlement Agreement will be drafted and signed by the parties to ensure the enforcement of provisions. |
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| Article 3 | Application of Rules Parties concurring with submitting the dispute to MHJMC for Workplace Mediation, shall be deemed to agree to process the mediation in accordance with this Mediation Rules. |
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| Article 4 | The Principle of Impartiality and Fairness Mediation shall comply with parties’ voluntary will. Mediators shall abide by the principle of impartiality and fairness. Mediation shall be processed based on proven facts, respect the provisions of contract, in accordance with the laws and with reference to international practice, be conducted on the basis of impartiality, fairness and rationality. This is to facilitate parties to reach a settlement after taking into account the interests of all parties. |
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| Article 5 | Panel of Mediators MHJMC possesses a panel of Certified Workplace Mediators who have respective expertise and practical mediation experience in economics, trading, finance, securities, investment, intellectual property rights, technology transfer, real estate, construction contract, transportation, insurance and other commercial, maritime and/or legal aspect(s) and practical experience in mediation. |
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| Article 6 | Application and Acceptance of Mediation Any commercial corporations, SMEs and other organizations with internal dispute and conflicts emerging in the workplace, or any individual involved in dispute with colleagues in the organization may submit application to MHJMC for mediation. The following documents are required when applying for mediation service at MHJMC:
Applicants are also required to:
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| Article 7 | Mediation Venue Mediation will be held in the office(s) of the applying organization. Where otherwise agreed or requested by the parties and approved by MHJMC, or recommended by MHJMC and agreed by all parties, mediation can be held at other venues. The venue costs thereof shall be borne by all parties. |
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| Article 8 | Appropriate Ways of Mediation The mediator will communicate with parties through meetings, written or oral correspondence(s) which he/she shall think fit. The mediator can conduct mediation in manners he/she considers appropriate. If the mediator deems it necessary, and agreed by the parties, professionals of the related industry can be invited to assist and participate in the mediation, which the costs shall be borne by all parties. |
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| Article 9 | Confidentiality Unless otherwise agreed by the parties, the process of mediation is confidential. Mediator, parties and their attorneys, if any, the Secretariat of MHJMC and other persons involved in the mediation process shall be obliged to keep all mediation communications confidential, unless otherwise stated in laws and regulations. |
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| Article 10 | The Settlement Agreement As the parties reach settlement through workplace mediation, the CWMP may , according to the request of the parties and the content of the mediation, draft a Settlement Agreement, which is then signed by the parties. |
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| Article 11 | Termination of Mediation The mediation proceedings shall be terminated if any of the following cases evolves:
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| Article 12 | Mediation Term The Mediation services provided by MHJMC for each case is limited to 30 hours. With the consent of all parties, the mediator can also determine a mediation term. Mediation term in any case should not be longer than 30 days from the day of confirmation of mediator appointment, except for those cases deferred with the consent of the parties and approved by MHJMC. |
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| Article 13 | Doctrine of Without Prejudice Parties are not allowed, in subsequent arbitration or litigation, to cite any statement, opinion, comment or suggestion made by the mediator and all parties during mediation proceedings, as the basis for an appeal or a plea. |
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| Article 14 | Costs of Mediation Costs of the mediation are charged in accordance with the Table of Mediation Fees, added by the remuneration of mediators, travel expenses, material translation fee and related administration fee. In principle, the costs are equally shared by the parties, unless otherwise stated in the Settlement Agreement. Other expenses would be borne by the parties respectively. Regardless of whether the mediation is successful, all fees paid including but not limited to the Registration fee, Administration fee, mediator’s remuneration and other incurred expenses are non-refundable. |
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| Article 15 | Explanation MHJMC is responsible for the interpretation of these rules. |