Mediation | 調解
1. 我和另一方在小額錢債審裁處，沒有調解員的情況下，簽了和解協議。如果對方不願意承認協 議，此協議還有效嗎? My opponent and I signed a settlement agreement at the Small Claims Tribunal. We signed it without the presence of a mediator. Will the agreement still be valid if one party refuses to honour the agreement?
有效。雙方一旦達成共識，即使在沒有調解員的情況下簽署和解協議，此協議跟其他合約一樣，具有約束力。雙方都必須履行協議。如有一方不履行協議，另一方可就此提起訴訟。
The agreement will still be valid. A settlement agreement can be enforced in the manner under a contract and is binding on the parties. The party can sue the other party who does not comply with the agreement.
The agreement will still be valid. A settlement agreement can be enforced in the manner under a contract and is binding on the parties. The party can sue the other party who does not comply with the agreement.
2. 調解是不是要找律師？Does mediation require the assistance of lawyers?
調解不一定需要律師參與。但有律師的參與可協助各方有效及快速地解決問題。我們建議您咨詢律師以助您了解有關爭議事項所適用的法律及為調解作準備。有部分調解員是律師，但即使擁有律師資格的調解員，在調解過程中也不會給予法律意見。
When you take part in mediation, you do not usually need the assistance of your lawyers. Although you may choose to mediate without having a lawyer with you, the participation of a lawyer may assist both parties to settle the disputes more quickly and efficiently. You are advised to consult lawyers so you may understand the relevant law and better prepared for the mediation. Although some mediators are lawyers, they will not provide legal advice to the parties during mediation.
When you take part in mediation, you do not usually need the assistance of your lawyers. Although you may choose to mediate without having a lawyer with you, the participation of a lawyer may assist both parties to settle the disputes more quickly and efficiently. You are advised to consult lawyers so you may understand the relevant law and better prepared for the mediation. Although some mediators are lawyers, they will not provide legal advice to the parties during mediation.
3. 我因為家庭暴力想離婚。我應該用調解的方式解決嗎？Due to domestic violence, I will petition for divorce, should I attempt mediation to resolve the disputes?
原則上調解幾乎適用於所有種類的爭議。採用調解處理家庭暴力的案件可能並不合適。我們建議您做決定前咨詢律師。
Mediation in an effective means of dispute resolution and is useful in nearly all types of cases. However, mediation may be not suitable in cases involving domestic violence. You are advised to consult a lawyer.
Mediation in an effective means of dispute resolution and is useful in nearly all types of cases. However, mediation may be not suitable in cases involving domestic violence. You are advised to consult a lawyer.
4. 我可以強迫對方一定要用調解來解決問題嗎？Can I force the other party to attempt mediation?
不可以。調解是一種自願參與的程序，可以在未進行訴訟前舉行，以節省訟費和時間。一般而言，所有民事訴訟開展期間，訴訟各方必需呈交一份調解通知書給法庭及另一方。如果其中一方不願意進行調解，則無法強迫另一方調解。但另一方如缺乏合理的理由拒絕參與調解，法庭有可能對拒絕一方作出不利的訟費命令。
No. Mediation is a voluntary process. It is an option for parties to decide whether or not they will attempt mediation before litigation in order to save litigation cost and time. Generally, during the litigation process of a civil case, each party is required to submit a copy of mediation notice to the court and the opposite party. Parties cannot be forced to mediate if they are unwilling to do so. However, if the party who refuses to attempt mediation is not able to provide valid reasons to do so, the court may order that party to pay costs.
No. Mediation is a voluntary process. It is an option for parties to decide whether or not they will attempt mediation before litigation in order to save litigation cost and time. Generally, during the litigation process of a civil case, each party is required to submit a copy of mediation notice to the court and the opposite party. Parties cannot be forced to mediate if they are unwilling to do so. However, if the party who refuses to attempt mediation is not able to provide valid reasons to do so, the court may order that party to pay costs.
5. 調解過程中調解員會偏幫其中一方嗎？Will the mediator be biased towards any particular party?
不會。調解員是一名中立的第三者，幫助各方探討爭議的多方面觀點，並尋求可行的解決方案，從而利便各方達成和解協議。
No. The mediator is a neutral third party who helps all parties to look at issues from various points of views and identify possible solutions, thus facilitating the formulation of an acceptable agreement to all parties.
No. The mediator is a neutral third party who helps all parties to look at issues from various points of views and identify possible solutions, thus facilitating the formulation of an acceptable agreement to all parties.
6. 調解員會把我的資料泄露給對方嗎？Will the mediator disclose my confidential communication?
不會。根據《調解條例》，調解是保密的。除非出現一些很特殊的情況，任何人，包括調解員，都不得披露調解通訊。
No. According to the Mediation Ordinance, mediation is confidential in nature. Unless there are very exceptional circumstances, nobody including the mediator is allowed to disclose the confidential communication.
No. According to the Mediation Ordinance, mediation is confidential in nature. Unless there are very exceptional circumstances, nobody including the mediator is allowed to disclose the confidential communication.
7. 我怎麼知道哪一些調解員是可以信賴的？How can I know if a mediator is trustworthy?
香港調解資歷評審協會有限公司 (HKMAAL) 有一份認可調解員的名冊可供參考。詳情請瀏覽http://www.hkmaal.org.hk/tc/index.php。
Please refer to the HKMAAL website http://www.hkmaal.org.hk/tc/index.ph for the list of qualified mediators.
Please refer to the HKMAAL website http://www.hkmaal.org.hk/tc/index.ph for the list of qualified mediators.
8. 吳建華律師行有調解員嗎？Does Kevin Ng & Co., Solicitors have any mediators?
本行有兩名認可調解員，分別為黃吳潔華律師和吳建華律師。詳情可聯繫本行職員,電話號碼 852-2545 8181。
Our firm has two accredited mediators. They are Mrs. Cecilia Ng Wong Kit Wah and Mr. Kevin Ng. Please contact our staff at telephone number 852-2545 8181.
Our firm has two accredited mediators. They are Mrs. Cecilia Ng Wong Kit Wah and Mr. Kevin Ng. Please contact our staff at telephone number 852-2545 8181.
