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  Introduction | Mediation Clause | Application Method | Fee | Mediation Rules  
Introduction Mediation Clause Application Method Fee Mediation Rules

Introduction
The Cross-border Dispute Resolution Mechanism is a brand-new service which combines the advantages of mediation and arbitration to resolve cross-border disputes. When commercial disputes emerge, parties can opt to utilize this Mechanism to resolve the conflict in a non-litigation approach in Hong Kong or the Mainland.

Under this Mechanism, if parties are able to achieve settlement through mediation, they can apply for issuing an arbitral award with reference to the mutually signed Mediated Settlement Agreement from relevant arbitration institution, or judicial confirmation with reference to the mutually signed Mediated Settlement Agreement from Med-Arb center of relevant court. Otherwise, if the settlement through mediation is futile, parties can continue dispute resolution through arbitration, where an arbitral award will be issued by the arbitration institution.

Mediators involved in the "Cross-border Dispute Resolution Service” are International Accredited Professional Mediators of MHJMC. Arbitrators will be individually appointed by relevant arbitration institutions. Different experts will appointed to be mediators or arbitrators in each case, safeguarding the fairness and equality of this Service.


Hong Kong and international enterprises withe businesses or investment in the Mainland can benefit from this Service. When disputes emerge, this Service can facilitate parties in reaching effective and feasible resolution options. The Mediated Settlement Agreement signed by all parties in this Mechanism will be issued as an arbitral award or judicially confirmed by court, which can then be enforced in more than 150 national courts including China. It can also be executed in the Mainland China and regions where the enterprise has business registration. Therefore, the Service has significant advantages on the ease of enforcement, being unconfined to specific regions, and applicable to places under both Common Law and Civil Law. "Cross-border Dispute Resolution Service” is thus an alternative dispute resolution method which is rapid, money and court-resources-saving. It is especially suitable for cases involving multiple jurisdictions, solving the problems all at the same time, and avoiding the filing of the same petition in different jurisdictions.


Scope of Services
MHJMC accepts all kinds of international and cross-border disputes involving Hong Kong and the Mainland, happening home and abroad on equal subjects of natural persons, legal persons or other organizations. The "International Mediation Model” will first be adopted to resolve the dispute. Afterwards, an arbitral award will be issued by an international arbitration institution, or parties could apply for judicial confirmation from relevant court for the enforcement of the Mediated Settlement Agreement.
Mediation Clause
Mainland - Hong Kong Joint Mediation Center recommends the following Mediation Clause be inserted in any contract:
"Any dispute arising from or in connection with this contract shall be submitted to Mainland - Hong Kong Joint Mediation Center for mediation and arbitration which shall be conducted in accordance with the Center’s Mediation Rules in effect at the time of mediation.”
Successful Case
On 19 December 2014, the first commercial mediation case which utilized the Cross-border Dispute Resolution Service was successfully settled under the handling of the mediator of MHJMC/HKMC. Parties in disputes were both from Hong Kong and the case was a commercial dispute in the Mainland China with the amount in dispute over RMB 50 million dollars.

Applicant of the Case and the Respondent were both merchants in Hong Kong and have maintained benign cooperating relationship for some time. The Respondent had previously borrowed money from the Applicant for property investment in Mainland. However, as the Respondent faced difficulties in his business, for several times the Applicant demanded the Respondent return the money but in vain. To maintain the long-established business partnership and, at the same time, effectively resolving the dispute, after negotiation, the parties both submitted application for mediation and jointly appointed a mediator.

Differing from the "Evaluative Mediation Model” which is generally adopted in the Mainland China, the "Facilitative Mediation Model”, to which parties from Hong Kong were more accustomed, was used to mediate. Through "face to face”, "back to back” and other mediation skills, the opinions and settlement options provided by the two parties were well attended to. After 7 hours of patience and mediation, the two parties finally reached a settlement agreement.

To ensure that the Settlement Agreement can be enforced mandatorily in and out of the border, the two parties had submitted the Settlement Agreement to an arbitration institution in the Mainland, and asked for a rapid arbitral award based on the content of the Settlement Agreement. After the selected mainland arbitrator has issued the arbitral award, the two parties could apply for mandatory enforcement at courts in and out of the border. Both parties and their respectively appointed lawyers from Hong Kong expressed that it had been relatively difficult in the past for mediation documents signed in Hong Kong to be executed in the Mainland and accepted in Mainland courts; but now the Mechanism can fully combine the advantages of "Hong Kong mediation + Mainland arbitration”, thus immensely reducing the economic and time costs of the involved parties. Not only is it beneficial to the smooth resolution of disputes and the maintenance of cooperating relationship between the two parties, but it also provides full security to the parties’ lawful interests.

The successful resolution of this case has provided beneficial reference for local and foreign parties to utilize the Cross-border Dispute Resolution Service. This has also manifested the advantages of the innovative and diversified means of dispute resolution. The first one is the mandatory enforcement of the mediated settlement. After successful mediation, parties concerned can apply for arbitral award in Mainland arbitration institutions based on the "mediation + arbitration” mechanism. The arbitral award can be enforced mandatorily in more than 150 countries including China. The second advantage is the low costs to dispute resolution. Through this Mechanism, parties concerned can settle their disputes in a fast, harmonious and efficient way that saves time and money. All these contributed to the successful resolution of this case.  
Application Method
Any one, both or multiple party/parties in any disputes involving Hong Kong, the Mainland or elsewhere may submit application to MHJMC for mediation, regardless of prior mediation agreement between the parties. The following documents are required when applying for mediation service at MHJMC:
  1. The names of all parties and their respective valid contact
  2. The facts of the dispute and request for mediation
  3. Related evidence and documents
  4. Proof of identity
  5. If any party entrusts an attorney to participate in mediation, a letter of attorney and authorization shall be submitted.

Each party is required to pay the non-refundable registration fee (HK$2,000) to MHJMC, regardless of the participation of all the parties in the "Cross-Border Disputes Resolution Mechanism”. 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. After all parties agree to engage in mediation and pay the respective mediation fee, 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. All parties 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.
Applicants are also required to:

  (For reapplication for mediation of the same case) Re-submit the registration fee;
  Sign documents of arbitration or judicial confirmation application;
  Appoint or authorize MHJMC to appoint one or more than one mediator(s) in the MHJMC Panel of Dispute Resolution Experts
  Appoint an arbitrator from the panel of arbitrators of the recommended arbitration institutions, or recommended courts for judicial confirmation;
  Prepay 50% of the mediation fee enlisted on the Table of Mediation Fee; and
  Prepay arbitration fee as requested by the arbitration institution (The court will not charge the judicial confirmation of the Agreement to Mediate)
Application Process

Table of Mediation Fee
Amount in Dispute Administration Fee Mediation and Arbitration Fee Total
(excluding Registration Fee)

Lower Limit Upper Limit Basic Fee Additional Fee Lower Limit Upper Limit Basic Fee Additional Fee Lower Limit Upper Limit Lower Limit Upper Limit
100,000 or below 3,000 - 3,000 3,000 3,000 - 3,000 3,000 6,000 6,000
100,000 < 500,000 3,000 1% of 100K and more 3,001 7,000 3,000 1% of 100K and more 3,001 7,000 6,002 14,000
500,000 < 1,000,000 7,000 0.5% of 500K and more 7,001 9,500 7,000 0.6% of 500K and more 7,001 10,000 14,002 19,500
1,000,000 < 5,000,000 9,500 0.5% of 1M and more 9,501 29,500 10,000 0.4% of 1M and more 10,001 26,000 19,502 55,500
5,000,000 < 10,000,000 29,500 0.4% of 5M and more 29,501 49,500 26,000 0.4% of 5M and more 26,001 46,000 55,502 95,500
10,000,000 < 50,000,000 49,500 0.3% of 10M and more 49,501 169,500 46,000 0.2% of 10M and more 46,001 126,000 95,502 295,500
50,000,000 < 100,000,000 169,500 0.2% of 50M and more 169,501 269,500 126,000 0.1% of 50M and more 126,001 176,000 295,502 445,500
100,000,000 or above 269,500 0.08% of 100M and more 269,501 1,500,000 176,000 0.05% of 100M and more 176,001 1,000,000 445,502 2,500,000
Registration Fee for each party 2,000
1. No additional rental fee will be charged if conference room(s) is/are booked for mediation;
2. If more than one mediator is appointed, no additional fees will be charged except for those stated in the "Professional Fees for Mediator”
3. In the case that the amount in dispute cannot be confirmed, MHJMC reserves the right to adjust mediation costs.
Click here to download the Table of Mediation Fee
 
1. No additional rental fee will be charged if conference room(s) is/are booked for mediation;
2. If more than one mediator is appointed, no additional fees will be charged except for those stated in the "Professional Fees for Mediator”
3. In the case that the amount in dispute cannot be confirmed, MHJMC reserves the right to adjust mediation costs.
Click here to download the Table of Mediation Fee
Table of Suggested Mediator Remuneration
Amount in Dispute Cross-border Mediator Charges Senior Cross-border
Mediation Expert Charges
Lower Limit Upper Limit Hourly rate Upper Limit Hourly rate Upper Limit
- 100,000 1,000 10,000 2,000 20,000
100,000 500,000 1,500 15,000 3,000 30,000
500,001 1,000,000 2,000 20,000 4,000 40,000
1,000,001 5,000,000 2,000 30,000 4,000 60,000
5,000,001 10,000,000 3,000 45,000 6,000 90,000
10,000,001 50,000,000 3,000 45,000 6,000 120,000
50,000,001 100,000,000 4,000 60,000 8,000 160,000
100,000,001 - 4,000 80,000 10,000 200,000
1. The above Suggested Mediator Remuneration is for one mediator. If the parties in dispute agreed to appoint two or more mediators, the remuneration shall be in multiply of the number of mediators.
2. If the amount in dispute cannot be determined, the Suggested Mediator Remuneration will be determined by MHJMC upon negotiation with mediator.
3. All charges incurred in the course of mediation shall be borne by parties in dispute, except for the individual income tax of the appointed mediator(s).
Click here to download the Table of Suggested Mediator Remuneration
1. The above Suggested Mediator Remuneration is for one mediator. If the parties in dispute agreed to appoint two or more mediators, the remuneration shall be in multiply of the number of mediators.
2. If the amount in dispute cannot be determined, the Suggested Mediator Remuneration will be determined by MHJMC upon negotiation with mediator.
3. All charges incurred in the course of mediation shall be borne by parties in dispute, except for the individual income tax of the appointed mediator(s).
Click here to download the Table of Suggested Mediator Remuneration
Budget Reference
Amount in Dispute Budget for MHJMC
International Dispute Resolution Mechanism (a)
Budget for Arbitration (b)

Amount saved for using
International Dispute Resolution 
Mechanism
(a) vs (b)

Lower Limit Upper Limit Lower Limit Upper Limit Lower Limit Upper Limit
100,000 39,400 52,200 69,000 136,500 - 54%
100,000 500,000 40,902 69,100 136,500 204,000 - 66%
500,001 1,000,000 51,402 88,092 204,000 335,400 - 72%
1,000,001 5,000,000 67,196 150,420 221,400 877,400 - 78%
5,000,001 10,000,000 140,942 320,620 877,400 1,241,400 - 76%
10,000,001 50,000,000 212,342 662,220 789,900 2,096,400 - 67%
50,000,001 100,000,000 501,542 905,540 1,370,400 2,595,800 - 63%
100,000,001 1,000,000,000 698,782 2,400,142 1,683,800 5,997,800 - 58%






  
  Click here to download the Budget Reference



Mediation Rules
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.
Article 2 Scope of Services

All kinds of international and cross-border disputes involving Hong Kong and the Mainland, happening home and abroad on equal subjects of natural persons, legal persons or any organizations, can be submitted to MHJMC. The "Hong Kong International Mediation model” will first be adopted to resolve the dispute. Afterwards, an arbitral award will be issued by an international arbitration institution so as to secure the feasibility of the Mediated Settlement Agreement.
Article 3 Application of Rules

Parties concurring with submitting the dispute to MHJMC for mediation according to the Cross-Border Disputes Resolution Mechanism, shall be deemed to agree to process the mediation in accordance with this Mediation Rules.
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.
Article 5 Panel of Mediators

MHJMC possesses a panel of cross-border 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.
Article 6 Application and Acceptance of Mediation

Any one, both or multiple party/parties in any disputes involving Hong Kong, the Mainland or elsewhere may submit application to MHJMC for mediation, regardless of prior mediation agreement between the parties. The following documents are required when applying for mediation service at MHJMC:          
1. The names of all parties and their respective valid contact;
2. The facts of the dispute and request for mediation;
3. Related evidence and documents;
4. Proof of identity; and
5. If any party entrusts an attorney to participate in mediation, a letter of attorney and authorization shall be submitted.
Each party is required to pay the non-refundable registration fee (HK$2,500) to MHJMC, regardless of the participation of all the parties in the "Cross-Border Disputes Resolution Mechanism”. The Secretariat of MHJMC will, 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. After all parties agree to engage in mediation and pay the respective mediation fee, the Secretariat of MHJMC would 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 duties, other mediators would be nominated by MHJMC, unless otherwise agreed by the parties. All parties 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.
Applicants are also required to:
(For reapplication for mediation of the same case) Re-submit the registration fee;
Sign documents of arbitration application;
Appoint or authorize MHJMC to appoint one or more than one mediator(s) in the MHJMC Panel of Dispute Resolution Experts
Appoint an arbitrator from the panel of arbitrators of the recommended arbitration institutions;
Prepay 50% of the mediation fee enlisted on the Table of Mediation Fee; and
Prepay arbitration fee as requested by the arbitration institution
Article 7 Mediation Venue

Mediation will be held in MHJMC. 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.
Article 8 Appropriate Ways of Mediation

The mediator shall adopt the Hong Kong International Mediation model and 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.  
Article 9 Confidentiality

Unless otherwise agreed by the parties, the process of mediation is confidential. Mediator, parties and their attorneys, 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.
Article 10 The Settlement Agreement

As the parties reach settlement through mediation, the mediator should, according to the content of the mediation, draft a Settlement Agreement, which is then signed by the parties. Meanwhile, the mediator shall also sign on the agreement and stamp with the seal of MHJMC. In accordance with this Mediation Rules, after reaching a Settlement Agreement based on mutually agreed requirements, the Settlement Agreement should be submitted to an international arbitration institution. In accordance with the contents of the Settlement Agreement and processed by independent arbitration, an award will be issued by the arbitration institution to enhance the legal protection of executing the Settlement Agreement. If no agreement is reached, the dispute concerned shall subsequently be submitted to an international arbitration institution for independent arbitration and issuing award.
Article 11 Termination of Mediation

The mediation proceedings shall be terminated if any of the following cases evolves:
1. A Settlement Agreement is reached between the parties;
2. Any party notifies MHJMC to terminate mediation proceedings;
3. The mediator believes that further attempts at mediation are no longer justified, and thus decides to terminate the mediation;
4. Expiry of mediation term; or
5. MHJMC considers necessary to terminate the mediation proceedings in other circumstances.
Article 12 Mediation Term

The parties can voluntarily establish a mediation term. 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.
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.
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.
Article 15 Explanation

MHJMC is responsible for the interpretation of these rules.
Click here to download the Mediation Rules

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Copyright@2017 Mainland - Hong Kong Joint Mediation Center Limited. All Rights Reserved.
Copyright@2017 Mainland - Hong Kong Joint Mediation Center Limited.
All Rights Reserved.
Copyright@2017 Mainland - Hong Kong Joint Mediation Center Limited.
All Rights Reserved.