Q & A: Family Mediation Service

Family mediation services can be commenced at any stage before or during divorce proceedings and there is no need to stop the relevant legal proceedings.

Family mediation service can help both parties reach an agreement on issues such as child care (custody and visitation), maintenance, property arrangements, etc. after divorce. The advantages of receiving this service include: • Greatly reduce the time and mental pressure on both parties caused by litigation • Save litigation fees • Assist both parties in choosing the most appropriate solution having regard to the interests of the children and both parties, and • Increase the motivation of each other to fulfil the agreement • Reduce the pain of children and both parties • Promote continued cooperation in the parenting of children.

When dealing with divorce, parties should seek legal advice as much as possible to protect their rights and interests. However, it is not necessary to undergo the divorce through a lawyer.

Yes. Both parties can make a maintenance agreement with the assistance of a mediator and implement it immediately during the divorce application.

Only if both parties agree to separate/divorce and are willing to attend the mediation interview together can they receive family mediation services. The parties need to inform the other party of their intention to separate/divorce and have contacted our Centre (you can provide the other party with service information such as leaflets (https://www.mediationcentrehk.org/download/)or the website of the Mediation Centre www.mediationcentrehk.org)(http://www.mediationcentrehk.org). If the other party does not object, our Centre can contact him/her and invite him/her to accept this service. This can make the other party more mentally prepared, and may be more willing to accept family mediation services.

When both parties begin to receive family mediation services, the family mediator and both parties must sign a consent form promising to keep the discussions during the mediation process confidential, with the exception of the final settlement agreement. According to the confidentiality privilege of mediation, the contents discussed during the mediation process may not be used as evidence in court, so the legal rights of both parties are properly protected.

Once signed by both parties, the mediated settlement agreement becomes legally binding. If both parties agree, you can: 1. Submit the divorce application together with the mediated settlement agreement to the Family Court on your own, and apply to the court for an order in accordance with the terms of the agreement; or 2. Submit the mediated settlement agreement to the lawyer to apply for a court order in divorce on your behalf.