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THE LAW REFORM COMMISSION OF HONG KONG - page 344 / 360

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Pilot project for court-annexed family mediation scheme

15.114We recommend that mediation should be an integral part of the Family Court system.  With a view to establishing mediation as a permanent method of dispute resolution, we recommend that a pilot project on court annexed family mediation be launched at the Family Court. (Paragraph 12.102)

Pilot Scheme Working Group

15.115We welcome the establishment by the Chief Justice of the Pilot Scheme Working Group.  We recommend that it consider our recommendations on mediation, case management and our suggested pilot project to determine how they may assist their own recommendations. (Paragraph 12.104)

Management committee

15.116We recommend a management committee to oversee the implementation of the pilot project. (Paragraph 12.110)

Training of mediators for a court scheme

15.117We agree with the emphasis of the Boshier report, that “mediation be assured of a high profile in the Family Court system by insisting on high standards of selection, training, supervision and accreditation of mediators and ongoing accreditation requirements.”1389 and recommend that high standards of selection, training, supervision and accreditation should be required of family mediators in any court annexed scheme in Hong Kong. (Paragraph 12.111)

Accreditation

15.118We recommend that the current system of accreditation of qualified family mediators should be approved by government and the Judiciary. (Paragraph 12.112)

Domestic violence and sexual abuse guidelines

15.119We recommend that guidelines for cases of domestic violence and child sexual abuse should be established to screen cases for family mediation on a similar basis to the Australian and New Zealand guidelines. (Paragraph 12.116)

Evaluation

15.120We recommend that the pilot project on court annexed family mediation should be independently evaluated. (Paragraph 12.117)

1389 Paragraph 5.7.7 of Boshier “New Zealand Family Law Report” summarised in an article of that name in Family and Conciliation Courts Review, vol. 33, No. 2, April 1995 (182-193).

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