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

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Annex 2

Proposed Case Management and Support Services Flow Chart for

Dispute Resolution Process

Mediation

Litigation

1.Information session.

2.Referral to mediation with parties’ consent and SSC’s assistance.

3.Mediated agreement incorporated into consent summons.

Or

1. Application filed.

2.Answer filed.

3.Support Services Coordinator (SSC) organises a counselling conference and can refer parties to information session, if they have not already attended.

4.SSC informs judge by memo whether parties have or have not attended counselling conference or mediation.

5.Return date for decree nisi.

6.Request for issues conference filed with pre-trial checklist.

Court appoints mediator as parties cannot agree on mediator, though they do agree to mediate.

Parties agree to mediate on their own volition. SSC assists in organising referral to mediator.

Judge recommends mediation.  Parties agree and SSC assists in organising referral to mediator.

4.Mediated agreement incorporated into consent summons.

7.Issues conference -

(Judge makes consent orders, defines contested issues, ensures compliance with pre-trial checklist, including asking whether parties have considered mediation, orders social welfare officer’s report and affidavits to be filed).

8.SWO’s report ready; affidavits filed.

9.Certificate filed that settlement conference or mediation has been considered and not appropriate.  

10.If no settlement conference or settlement conference fails; pre-trial conference held where judge fixes date for hearing and makes necessary procedural orders to facilitate hearing.

Or

11.Settlement conference -

(Judge clarifies outstanding issues, encourages settlement, makes consent orders on part/all issues arising from mediation or settlement.)  If parties agree to mediate, judge adjourns settlement conference, and subsequently makes consent order if mediation ends in agreement.

12.Hearing takes place on unresolved issues after a pre-trial conference.

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