This manual explains the work of a mediator in legal and multi-jurisdictional context. It is aimed primarily at mediators and the supporters and advisors of disputants.
The manual highlights the fact that effective mediation is a matrix of personal needs, commercial objectives and the legal and regulatory regime in a particular place. It goes without saying that these aspects differ in different jurisdiction, in particular, in the countries along the Belt and Road and this manual does not mean to be a foolproof guide on the subject. It is important that readers be flexible and to adapt the strategies discussed in the manual in specific circumstances and cultural environment, bearing in mind that a mediator at best, can only create a reality in which the parties act in their own accord.
In order to be practical and pragmatic, this manual combines theories with the actual experience of the contributors of this manual. In the course of doing so, we have adapted the facts to recreate the parties, events and locales. In order to maintain parties’ anonymity we have changed the names of individuals and places and some identifying characteristics such as names of companies, businesses and places of disputes. Reasonable diligence has been given to strike a balance between preserving confidentiality and achieving the educational objectives of this manual.
The information in this book is meant to supplement, not replace, proper mediation training. We advise readers to take full responsibility to obtain proper qualifications in order to practice mediation in their jurisdiction and do not take on cases which are beyond their level of experience, aptitude, training, and comfort level.
We wish to thank the Professional Services Advancement Support Scheme of the Government of the Hong Kong Special Administrative Region for funding this manual.