Background |
Following the international tendency of globalization and regional
integration, and the dedicated promotion of various development
strategies and plans of China, including the construction of the "Belt
and Road”, the Asian Infrastructure Investment Bank, the Regional
Comprehensive Economic Partnership and the "Thirteenth Five Year Plan”,
more and more cross-border commercial and trading businesses are being
brought about. It is then expected that commercial disputes will follow,
thus increasing the reliance on the legal system and dispute resolution
services. With the doubled advantages of "One Country” and "Two
Systems”, Hong Kong can provide cross-border dispute resolution
services. Mediators in Hong Kong are thus faced with more challenges,
and more opportunities to handle mediation cases for commercial disputes
which may involve or be caused by the difference in judiciary systems
and social institutions in cross-border settings.
Aim of the Course |
This Course is designed for mediators who intend to become an International Accredited Professional Mediator of MHJMC and those who are interested in dealing with cross-border commercial disputes. The Diversified Dispute Resolution Mechanism of the Mainland and mediation mode for cross-border commercial disputes will be taught in this Course. This is to let mediators in Hong Kong better adapt to the cross-border circumstance where the judiciary systems can be different. It is hoped that when students are learning to handle cross-border commercial disputes, their already-equipped mediation knowledge and professional skills can be further enhanced and reinforced.
Students who have completed this Course and passed the assessment can apply to become the International Accredited Professional Mediator of MHJMC, putting theories and skills learned in the Course into practice on this mediation platform for resolving cross-border commercial disputes. Moreover, upon completion of this Course, students will be awarded 15 CPD points from Hong Kong Mediation Centre, while the application for 15 CPD points from Hong Kong Mediation Accreditation Association Limited (HKMAAL) is still pending.
Students who have completed this Course and passed the assessment can apply to become the International Accredited Professional Mediator of MHJMC, putting theories and skills learned in the Course into practice on this mediation platform for resolving cross-border commercial disputes. Moreover, upon completion of this Course, students will be awarded 15 CPD points from Hong Kong Mediation Centre, while the application for 15 CPD points from Hong Kong Mediation Accreditation Association Limited (HKMAAL) is still pending.
Course Outline |
Part 1 | - | The Development of the Diversified Dispute Resolution Mechanism of the Mainland and The Operation of Cross-border Commercial Dispute Resolution Mechanism |
- | Introduction and the latest development of the Diversified Dispute Resolution Mechanism of the Mainland | |
- | The prospect of Cross-border Commercial Dispute Resolution Mechanism | |
- | The operation of Cross-border Commercial Dispute Resolution Mechanism | |
- | Additional expertise of a cross-border mediator |
Part 2 | - | The Application of Cross-border Commercial Mediation Model |
- | Rules and guidelines of Cross-border Mediation | |
- | Application and Practicing of cross-border mediation skills | |
- | Application of relevant documents of Cross-border Dispute Resolution Mechanism | |
- | Duties and appointment of Cross-border Mediation Advocate |
Part 3 | - | Mainland Judiciary System and Role of Cross-border Mediation |
- | Constitution and mainland Administrative Laws, categories of Civil and Commercial Laws | |
- | Brief introduction of the judiciary structure and the litigation procedures of the Mainland (Civil and Commercial) | |
- | Validity and significance of application of cross-border mediation | |
- | Role of cross-border mediation advocates and the legal basis of providing professional services | |
- | Importance of the professional services before and after the cross-border mediation |
Part 4 | - | Cross-border Cases Sharing and Study |
- | Types and case study of cross-border disputes (and the application of relevant Laws of the Mainland) | |
- | Provision of various supporting documents of cross-border cases | |
- | Assessment for the preferred options of cross-border cases |
Part 5 | - | Assessment |
- | Group meeting and assessment (some parts will be conducted in Putonghua) |
Target |
Eligibility |
- | Persons who are educated about mediation; and |
- | Persons who are proficient in spoken English and/or Putonghua |
Issue of Certificate |
‧ | Upon completion of this Certificate Course on Training for Cross-border Mediators, |
‧ | Students attaining ≥ 70% attendance in the course will be awarded a Certificate of Attendance |
‧ | Students attaining ≥ 70% attendance and passing the end-of-course assessment will be awarded a Certificate of Completion |
‧ | Candidates successfully passing the assessment are eligible to apply to be the International Accredited Professional Mediators of MHJMC with the presence of the Certificate of Completion or the Assessment Results within a year |
Trainers |
A team of recognized and experienced trainers and mediators of Mainland - Hong Kong Joint Mediation Center