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Mediation Figures and Statistics

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Mediation Statistics for Civil Justice Reform related cases
Mediation Statistics for cases in Matrimonial / Family proceedings
Mediation Statistics for Building Management cases

 

Mediation Statistics for Civil Justice Reform related cases

Various Practice Directions set out a mechanism to facilitate parties to enter into dialogue on mediation. Empirical data is also collected from cases in court where mediation has taken place. The number of mediation related documents and that of cases directed by the court to report progress of mediation, together with summary of the mediation reports of those cases, where Civil Justice Reform is applicable (“CJR related cases”), are tabulated below. It should be noted that: a) only those mediation reports filed with filing date falls within the reporting period would be included; and b) some cases have undergone mediation without proceeding further with the proceedings.

Number of Mediation related documents filed in the Court of First Instance*

  2011 2012 2013 2014 2015 2016
Mediation Certificate 2,759 2,977 2,878 3,271 3,668 3,623
Mediation Notice 1,030 1,146 1,164 1,223 1,381 1,380
Mediation Response 949 1,062 1,031 1,078 1,258 1,181
Mediation Minutes 444 508 541 602 652 666
 
* It only includes cases commenced by the 6 CJR related case types in the Court of First Instance, i.e. Civil Action (HCA), Admiralty Action (HCAJ), Commercial Action (HCCL), Construction and Arbitration Proceedings (HCCT), Miscellaneous Proceedings (HCMP) and Personal Injuries Action (HCPI).

 

Number of Mediation related documents filed in the District Court#

  2011 2012 2013 2014 2015 2016
Mediation Certificate 8,810 9,126 9,014 9,628 9,731 9,439
Mediation Notice 1,459 1,663 1,714 1,742 1,640 1,568
Mediation Response 1,008 1,127 1,196 1,214 1,060 900
Mediation Minutes 223 308 372 440 487 429
 
# It only includes cases commenced by the 6 CJR related case types in the District Court, i.e. Civil Action (DCCJ), Employee’s Compensation Case (DCEC), Equal Opportunities Action (DCEO), Miscellaneous Proceedings (DCMP), Personal Injuries Action (DCPI) and Tax Claim (DCTC).

 

Number of cases directed by the Court to report the Progress of Mediation in the Court of First Instance

  2011 2012 2013 2014 2015 2016
CJR related cases
(excluding HCPI cases)
338 244 195 151 175 162
CJR related cases
(HCPI cases only)
802 795 677 796 625 914
Total 1,140 1,039 872 947 800 1,076

 

Number of cases directed by the Court to report the Progress of Mediation in the District Court

  2011 2012 2013 2014 2015 2016
CJR related cases
(excluding DCPI cases)
419 381 409 368 500 307
CJR related cases
(DCPI cases only)
1,751 1,614 1,504 1,418 1,370 1,343
Total 2,170 1,995 1,913 1,786 1,870 1,650

 

Average Duration between the date of Appointing Mediator to the date of Completion of the Whole Mediation Process (in days) for Cases filed in the Court of First Instance U

 Year DaysV
2011 Not Available
2012 39
2013 43
2014 40
2015 42
2016 49

 

Average Duration between the date of Appointing Mediator to the date of Completion of the Whole Mediation Process (in days) for Cases filed in the District Court U

 Year DaysV
2011 Not Available
2012 27
2013 29
2014 33
2015 39
2016 35
 
U It only refers to the number of cases with mediation reports/ letters filed with filing date falls within the captioned period.
V It is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

Summary of Mediation Reports filed in the Court of First Instance in 2011 ^

Out of the mediated cases, 38% had resulted in agreements. 62% of the mediated cases did not lead to any agreement.

It took, on the average, 5 hours to reach a full agreement, 9 hours to reach a partial agreement and 5 hours to reach no agreement. Partial agreement cases required longer time to settle, reflecting that perhaps these involved difficult and complicated issues.

132 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Regarding the cost of mediated cases, it was, on average HK$17,000 per case / HK$3,100 per hour for a case with full agreement; HK$30,100 per case / HK$3,400 per hour for a case with partial agreement and HK$17,500 per case / HK$3,800 per hour for a case without agreement.

 

Court of First Instance Number of cases
(%)
Average Time
spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2011^
Cases with Full agreement 144 (34%) 5 $17,000 per case/
$3,100 per hour
Cases with Partial agreement 15 (4%) 9 $30,100 per case/
$3,400 per hour
Total number of cases with full/partial agreement 159 (38%) - -
Cases with No agreement 262 (62%) 5 $17,500 per case/
$3,800 per hour
Sub-total
(Cases with Mediation)
421
Cases settled/ withdrawn/ discontinued without mediation* 132
Others
(e.g. mediation adjourned, etc)
4
Total: 557
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2011.
* Amongst the mediation reports filed in year 2011, 132 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the District Court in 2011^

Out of the mediated cases, 48% had resulted in agreements. 52% of the mediated cases did not lead to any agreement.

It took, on the average, 6 hours to reach a full agreement, 6 hours to reach a partial agreement and 4 hours to reach no agreement.

806 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Regarding the cost of mediated cases, it was, on average HK$14,300 per case / HK$2,500 per hour for a case with full agreement; HK$23,800 per case / HK$4,000 per hour for a case with partial agreement and HK$10,400 per case / HK$2,500 per hour for a case without agreement.

 

District Court Number of cases
(%)
Average Time spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2011^
Cases with Full agreement 120 (46%) 6 $14,300 per case/
$2,500 per hour
Cases with Partial agreement 4 (2%) 6 $23,800 per case/
$4,000 per hour
Total number of cases with full/partial agreement 124 (48%) - -
Cases with No agreement 135 (52%) 4 $10,400 per case/
$2,500 per hour
Sub-total
(Cases with Mediation)
259
Cases settled/ withdrawn/ discontinued without mediation* 806
Others
(e.g. mediation adjourned, etc)
5
Total: 1,070
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2011.
* Amongst the mediation reports filed in year 2011, 806 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the Court of First Instance in 2012^

Out of the mediated cases, 38% had resulted in agreements. 62% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 49 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 46%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 191 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 6 hours to reach a full agreement, 4 hours to reach a partial agreement and 5 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$18,200 per case / HK$3,200 per hour for a case with full agreement; HK$19,500 per case / HK$4,400 per hour for a case with partial agreement and HK$17,100 per case / HK$3,600 per hour for a case without agreement.

 

Court of First Instance Number of cases
(%)
Average Time
spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2012^
Cases with Full agreement 212 (37%) 6 $18,200 per case/
$3,200 per hour
Cases with Partial agreement 5 (1%) 4 $19,500 per case/
$4,400 per hour
Total number of cases with full/partial agreement 217 (38%) - -
Cases with No agreement 358 (62%) 5 $17,100 per case/
$3,600 per hour
Sub-total
(Cases with Mediation)
575
Cases not settled through mediation but disposed of within 6 months 49
Total number of cases with settlement/ rate# 266 (46%)
Cases settled/ withdrawn/ discontinued without mediation* 191
Others
(e.g. mediation adjourned, etc)
0
Total: 766
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2012.
# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2012, 191 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the District Court in 2012^

Out of the mediated cases, 42% had resulted in agreements. 58% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 33 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 52%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 1,362 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 5 hours to reach a full agreement, 3 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$13,100 per case / HK$2,900 per hour for a case with full agreement; HK$11,700 per case / HK$3,700 per hour for a case with partial agreement and HK$11,400 per case / HK$3,100 per hour for a case without agreement.

 

District Court Number of cases
(%)
Average Time spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2012^
Cases with Full agreement 141 (40%) 5 $13,100 per case/
$2,900 per hour
Cases with Partial agreement 6 (2%) 3 $11,700 per case/
$3,700 per hour
Total number of cases with full/partial agreement 147 (42%) - -
Cases with No agreement 202 (58%) 4 $11,400 per case/
$3,100 per hour
Sub-total
(Cases with Mediation)
349
Cases not settled through mediation but disposed of within 6 months 33
Total number of cases with settlement/ rate# 180 (52%)
Cases settled/ withdrawn/ discontinued without mediation* 1,362
Others
(e.g. mediation adjourned, etc)
1
Total: 1,712
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2012.
# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2012, 1,362 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the Court of First Instance in 2013^

Out of the mediated cases, 45% had resulted in agreements. 55% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 77 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 57%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 139 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 5 hours to reach a full agreement, 7 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$17,300 per case / HK$3,400 per hour for a case with full agreement; HK$23,500 per case / HK$3,200 per hour for a case with partial agreement and HK$15,200 per case / HK$3,900 per hour for a case without agreement.

 

Court of First Instance Number of cases
(%)
Average Time spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2013^
Cases with Full agreement 281 (44%) 5 $17,300 per case/
$3,400 per hour
Cases with Partial agreement 5 (1%) 7 $23,500 per case/
$3,200 per hour
Total number of cases with full/partial agreement 286 (45%) - -
Cases with No agreement 351 (55%) 4 $15,200 per case/
$3,900 per hour
Sub-total
(Cases with Mediation)
637
Cases not settled through mediation but disposed of within 6 months 77
Total number of cases with settlement/ rate# 363 (57%)
Cases settled/ withdrawn/ discontinued without mediation* 139
Others
(e.g. mediation adjourned, etc)
3
Total: 779
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2013.
# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2013, 139 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the District Court in 2013^

Out of the mediated cases, 42% had resulted in agreements. 58% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 54 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 54%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 1,154 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 5 hours to reach a full agreement, 5 hours to reach a partial agreement and 3 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$13,800 per case / HK$2,900 per hour for a case with full agreement; HK$17,400 per case / HK$3,200 per hour for a case with partial agreement and HK$10,400 per case / HK$3,000 per hour for a case without agreement.

 

District Court Number of cases
(%)
Average Time
spent on Mediation per case (hour)
Average Cost
of Mediation
per case (HK$)
2013^
Cases with Full agreement 181 (41%) 5 $13,800 per case/
$2,900 per hour
Cases with Partial agreement 5 (1%) 5 $17,400 per case/
$3,200 per hour
Total number of cases with full/partial agreement 186 (42%) - -
Cases with No agreement 255 (58%) 3 $10,400 per case/
$3,000 per hour
Sub-total
(Cases with Mediation)
441
Cases not settled through mediation but disposed of within 6 months 54
Total number of cases with settlement/ rate# 240 (54%)
Cases settled/ withdrawn/ discontinued without mediation* 1,154
Others
(e.g. mediation adjourned, etc)
2
Total: 1,597
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2013.
# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2013, 1,154 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the Court of First Instance in 2014^

Out of the mediated cases, 48% had resulted in agreements. 52% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 106 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 65%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 172 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 5 hours to reach a full agreement, 5 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$18,400 per case / HK$3,800 per hour for a case with full agreement; HK$11,000 per case / HK$2,400 per hour for a case with partial agreement and HK$17,400 per case / HK$4,200 per hour for a case without agreement.

 

Court of First Instance Number of cases
(%)
Average Time spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2014^
Cases with Full agreement 301 (47%) 5 $18,400 per case/
$3,800 per hour
Cases with Partial agreement 4 (1%) 5 $11,000 per case/
$2,400 per hour
Total number of cases with full/partial agreement 305 (48%) - -
Cases with No agreement 327 (52%) 4 $17,400 per case/
$4,200 per hour
Sub-total
(Cases with Mediation)
632
Cases not settled through mediation but disposed of within 6 months 106
Total number of cases with settlement/ rate# 411 (65%)
Cases settled/ withdrawn/ discontinued without mediation* 172
Others
(e.g. mediation adjourned, etc)
1
Total: 805
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2014.
# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2014, 172 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the District Court in 2014^

Out of the mediated cases, 45% had resulted in agreements. 55% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 78 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 65%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 1,078 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 4 hours to reach a full agreement, 7 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$12,900 per case / HK$3,000 per hour for a case with full agreement; HK$14,500 per case / HK$2,200 per hour for a case with partial agreement and HK$10,500 per case / HK$3,100 per hour for a case without agreement.

 

District Court Number of cases
(%)
Average Time
spent on Mediation per case (hour)
Average Cost
of Mediation
per case (HK$)
2014^
Cases with Full agreement 175 (44%) 4 $12,900 per case/
$3,000 per hour
Cases with Partial agreement 3 (1%) 7 $14,500 per case/
$2,200 per hour
Total number of cases with full/partial agreement 178 (45%) - -
Cases with No agreement 219 (55%) 4 $10,500 per case/
$3,100 per hour
Sub-total
(Cases with Mediation)
397
Cases not settled through mediation but disposed of within 6 months 78
Total number of cases with settlement/ rate# 256 (65%)
Cases settled/ withdrawn/ discontinued without mediation* 1,078
Others
(e.g. mediation adjourned, etc)
4
Total: 1,479
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2014.
# It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2014, 1,078 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the Court of First Instance in 2015^

Out of the mediated cases, 46% had resulted in agreements.  54% of the mediated cases did not lead to any agreement.  However, out of the mediated cases without any agreement, 109 cases eventually disposed of within 6 months. 

Ultimately the settlement rate was 62%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 186 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 5 hours to reach a full agreement, 5 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$17,900 per case / HK$3,700 per hour for a case with full agreement; HK$14,100 per case / HK$2,800 per hour for a case with partial agreement and HK$15,100 per case / HK$3,900 per hour for a case without agreement.

 

Court of First Instance Number of cases
(%)
Average Time spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2015^
Cases with Full agreement 289 (45%) 5

$ 17,900 per case/
$ 3,700 per hour

Cases with Partial agreement 5 (1%) 5

$ 14,100 per case/
$ 2,800 per hour

Total number of cases with full/partial agreement 294 (46%) - -
Cases with No agreement 351 (54%) 4

$ 15,100 per case/
$ 3,900 per hour

Sub-total
(Cases with Mediation)
645
Cases not settled through mediation but disposed of within 6 months 109
Total number of cases with settlement/ rate# 403 (62%)
Cases settled/ withdrawn/ discontinued without mediation* 186
Others
(e.g. mediation adjourned, etc)
2
Total: 833
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2015.
#It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2015, 186 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the District Court in 2015^

Out of the mediated cases, 48% had resulted in agreements. 52% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 59 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 63%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 1,158 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 4 hours to reach a full agreement, 3 hours to reach a partial agreement and 3 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$12,700 per case / HK$3,000 per hour for a case with full agreement; HK$7,000 per case / HK$2,300 per hour for a case with partial agreement and HK$9,800 per case / HK$3,000 per hour for a case without agreement.

 

District Court Number of cases
(%)
Average Time
spent on Mediation per case (hour)
Average Cost
of Mediation
per case (HK$)
2015^
Cases with Full agreement 183 (47%) 4

$ 12,700 per case/
$ 3,000 per hour

Cases with Partial agreement 2 (1%) 3

$ 7,000 per case/
$ 2,300 per hour

Total number of cases with full/partial agreement 185 (48%) - -
Cases with No agreement 203 (52%) 3

$ 9,800 per case/
$ 3,000 per hour

Sub-total
(Cases with Mediation)
388
Cases not settled through mediation but disposed of within 6 months 59
Total number of cases with settlement/ rate# 244 (63%)
Cases settled/ withdrawn/ discontinued without mediation* 1,158
Others
(e.g. mediation adjourned, etc)
4
Total: 1,550
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2015.
#It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2015, 1,158 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the Court of First Instance in 2016^

Out of the mediated cases, 48% had resulted in agreements. 52% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 104 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 64%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 111 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 5 hours to reach a full agreement, 6 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$15,500 per case / HK$3,300 per hour for a case with full agreement; HK$25,800 per case / HK$4,300 per hour for a case with partial agreement and HK$15,200 per case / HK$3,900 per hour for a case without agreement.

 

Court of First Instance Number of cases
(%)
Average Time spent on Mediation
per case (hour)
Average Cost
of Mediation
per case (HK$)
2016^
Cases with Full agreement 313 (47%) 5

$ 15,500 per case/
$ 3,300 per hour

Cases with Partial agreement 6 (1%) 6

$ 25,800 per case/
$ 4,300 per hour

Total number of cases with full/partial agreement 319 (48%) - -
Cases with No agreement 347 (52%) 4

$ 15,200 per case/
$ 3,900 per hour

Sub-total
(Cases with Mediation)
666
Cases not settled through mediation but disposed of within 6 months 104
Total number of cases with settlement/ rate# 423 (64%)
Cases settled/ withdrawn/ discontinued without mediation* 111
Others
(e.g. mediation adjourned, etc)
1
Total: 778
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2016.
#It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2016, 111 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Summary of Mediation Reports filed in the District Court in 2016^

Out of the mediated cases, 45% had resulted in agreements. 55% of the mediated cases did not lead to any agreement. However, out of the mediated cases without any agreement, 54 cases eventually disposed of within 6 months.

Ultimately the settlement rate was 60%. It was measured by adding the number of cases with settlement by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.

In addition, 1,003 reported cases did not go through mediation because they could settle or round up their cases on their own motions through case management procedures.

Out of the mediated cases, it took, on the average, 4 hours to reach a full agreement, 7 hours to reach a partial agreement and 3 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$13,000 per case / HK$3,200 per hour for a case with full agreement; HK$14,000 per case / HK$2,000 per hour for a case with partial agreement and HK$10,800 per case / HK$3,300 per hour for a case without agreement.

 

District Court Number of cases
(%)
Average Time
spent on Mediation per case (hour)
Average Cost
of Mediation
per case (HK$)
2016^
Cases with Full agreement 161 (44%) 4

$ 13,000 per case/
$ 3,200 per hour

Cases with Partial agreement 2 (1%) 7

$ 14,000 per case/
$ 2,000 per hour

Total number of cases with full/partial agreement 163 (45%) - -
Cases with No agreement 198 (55%) 3

$ 10,800 per case/
$ 3,300 per hour

Sub-total
(Cases with Mediation)
361
Cases not settled through mediation but disposed of within 6 months 54
Total number of cases with settlement/ rate# 217 (60%)
Cases settled/ withdrawn/ discontinued without mediation* 1,003
Others
(e.g. mediation adjourned, etc)
5
Total: 1,369
 
^ It only refers to the number of cases with mediation reports/ letters filed with filing date falls in year 2016.
#It is measured by adding the number of cases with settlement (full or partial) by mediation and those not settling through mediation but disposed of within 6 months afterwards, divided by the total number of cases with mediation over that year.
* Amongst the mediation reports/ letters filed in year 2016, 1,003 cases with notification to the Court that despite the Court’s suggestion, the cases were settled/ withdrawn/ discontinued without mediation.

 

Please note: Mediation services are provided by mediators in the private sector. Parties would usually directly approach the accredited mediators or professional bodies outside the Judiciary to seek mediation.

 

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Mediation Statistics for cases in Matrimonial / Family proceedings

Family Mediation Co-ordinator’s Office

In 2000, a pilot scheme on family mediation was launched by the Judiciary. The Family Mediation Co-ordinator’s Office (“FMCO”) was set up within the Family Court building to assist in implementing the pilot scheme. The pilot scheme ended in July 2003. However, because of its proven record of helping separating/divorcing couples to resolve their problems without the need for expensive litigation, a decision has been made to maintain the FMCO. The Office would therefore continue to hold information sessions on family mediation, provides pre-mediation consultation and generally assist couples seeking mediation to help resolve their problems in a non-adversarial way. The Office also acts generally as a liaison office, answers public enquiries and facilitates those willing to mediate to select mediator. Mediations are conducted by independent mediators or NGOs outside of the Judiciary.

FMCO aims to facilitate the parties in seeking mediation. Arrangements would be made for any parties who are interested in seeking mediation or have approached the office to attend an information session on mediation. FMCO would provide the parties seeking mediation a list of mediators who have indicated their willingness to participate in mediation, from which the parties may choose their mediator. Mediation referrals would be made for the parties through FMCO. Some parties may approach private mediators or mediators from NGOs for mediation service on their own motions. Judiciary does not keep such statistics.

After the pilot scheme, from 1 August 2003 to 31 December 2012, a total of 1,435 cases have been referred to mediators by the FMCO. As at 31 December 2012, mediation has been conducted and completed in 979 cases, of which 648 have been settled after mediation. The success rate, based on cases completed, is 66%. The duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, ranges from 85 days to 116 days during that period.

On average, it took 11 hours to reach a full agreement, 13 hours to reach a partial agreement and 5 hours to reach no agreement. Regarding the cost of family mediation, the Judiciary did not collect such statistics over the mentioned period, and thus could not provide such figures. However, according to the previous record of the FMCO, 74% of cases appointed mediators from NGOs for family mediation. These NGOs would provide mediation service with concession rate to the parties with financial difficulty.

 

Average Duration between the date of Appointing Mediator to the date of Completion of the Whole Mediation Process (in days) for Matrimonial / Family Cases

 

 Year DaysV
2003 110
2004 104
2005 85
2006 100
2007 116
2008 116
2009 96
2010 90
2011 94
2012 91
 
V It is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

Cases referred to independent Mediators through
Family Mediation Co-ordinator’s Office

(From 01/08/2003 to 31/12/2012)
Level of agreement reached Number of cases
(%)
Average Time spent on Mediation per case (hour)
Cases with Full agreement 563 (57%) 11
Cases with Partial agreement 85 (9%) 13
Total number of cases with full/partial agreement 648 (66%) -
Cases with No agreement 331 (34%) 5
Sub-total
(Cases with Mediation)
979
Cases settled/ withdrawn/ discontinued without mediation 394
Others
(e.g. result pending, etc)
62
Total: 1,435

In 2013, a total of 235 cases have been referred to mediators by the FMCO. As at 31 December 2013, mediation has been conducted and completed in 113 cases, of which 78 have been settled after mediation. The success rate, based on cases completed through mediation, is 69%. The duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 83 days.

Over average, it took 15 hours to reach a full agreement, 22 hours to reach a partial agreement and 10 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$7,100 per case / HK$500 per hour for a case with full agreement; HK$11,100 per case / HK$500 per hour for a case with partial agreement and HK$7,500 per case / HK$500 per hour for a case without agreement.

According to the record kept by FMCO, 73% of cases appointed mediators from NGOs for family mediation. These NGOs would provide mediation service with concession rate to the parties with financial difficulty.

 

Cases referred to independent Mediators through
Family Mediation Co-ordinator’s Office

(From 01/01/2013 to 31/12/2013)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case(hour)
Average Cost
of Mediation
per case (HK$)
Cases with Full agreement 70 (62%) 15 $7,100 per case/
$500 per hour
Cases with Partial agreement 8 (7%) 22 $11,100 per case/
$500 per hour
Total number of cases with full/partial agreement 78 (69%) - -
Cases with No agreement 35 (31%) 10 $7,500 per case/
$500 per hour
Sub-total
(Cases with Mediation)
113
Cases settled/ withdrawn/ discontinued without mediation 36
Others
(e.g. result pending, etc)
86
Total: 235
Duration of the Whole Mediation Process (days) V 83
 
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

In 2014, a total of 230 cases have been referred to mediators by the FMCO. As at 31 December 2014, mediation has been conducted and completed in 145 cases, of which 108 have been settled after mediation. The success rate, based on cases completed through mediation, is 74%. The duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 89 days.

Over average, it took 15 hours to reach a full agreement, 18 hours to reach a partial agreement and 9 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$7,800 per case / HK$500 per hour for a case with full agreement; HK$6,900 per case / HK$300 per hour for a case with partial agreement and HK$3,200 per case / HK$400 per hour for a case without agreement.

According to the record kept by FMCO, 67% of cases appointed mediators from NGOs for family mediation. These NGOs would provide mediation service with concession rate to the parties with financial difficulty.

 

Cases referred to independent Mediators through
Family Mediation Co-ordinator’s Office

(From 01/01/2014 to 31/12/2014)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case(hour)
Average Cost
of Mediation
per case (HK$)
Cases with Full agreement 99 (68%) 15 $7,800 per case/
$500 per hour
Cases with Partial agreement 9 (6%) 18 $6,900 per case/
$300 per hour
Total number of cases with full/partial agreement 108 (74%) - -
Cases with No agreement 37 (26%) 9 $3,200 per case/
$400 per hour
Sub-total
(Cases with Mediation)
145
Cases settled/ withdrawn/ discontinued without mediation 37
Others
(e.g. result pending, etc)
48
Total: 230
Duration of the Whole Mediation Process (days) V 89
 
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

In 2015, a total of 235 cases have been referred to mediators by the FMCO.  As at 31 December 2015, mediation has been conducted and completed in 154 cases, of which 114 have been settled after mediation.  The success rate, based on cases completed through mediation, is 74%.  The duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 90 days.

Over average, it took 14 hours to reach a full agreement, 16 hours to reach a partial agreement and 11 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$8,200 per case / HK$600 per hour for a case with full agreement; HK$5,100 per case / HK$400 per hour for a case with partial agreement and HK$8,000 per case / HK$700 per hour for a case without agreement.

According to the record kept by FMCO, 68% of cases appointed mediators from NGOs for family mediation.  These NGOs would provide mediation service with concession rate to the parties with financial difficulty.

 

Cases referred to independent Mediators through
Family Mediation Co-ordinator’s Office

(From 01/01/2015 to 31/12/2015)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case(hour)
Average Cost
of Mediation
per case (HK$)
Cases with Full agreement 104 (68%) 14

$8,200 per case/
$600 per hour

Cases with Partial agreement  10 (6%) 16

$5,100 per case/
$400 per hour

Total number of cases with full/partial agreement  114 (74%) - -
Cases with No agreement 40 (26%) 11

$8,000 per case/
$700 per hour

Sub-total
(Cases with Mediation)
154
Cases settled/ withdrawn/ discontinued without mediation 39
Others
(e.g. result pending, etc)
42
Total: 235
Duration of the Whole Mediation Process (days) V 90
 
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

In 2016, a total of 237 cases have been referred to mediators by the FMCO. As at 31 December 2016, mediation has been conducted and completed in 150 cases, of which 95 have been settled after mediation. The success rate, based on cases completed through mediation, is 63%. The duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 100 days.

Over average, it took 12 hours to reach a full agreement, 13 hours to reach a partial agreement and 9 hours to reach no agreement.

Regarding the cost of mediated cases, it was, on average HK$9,600 per case / HK$800 per hour for a case with full agreement; HK$10,300 per case / HK$800 per hour for a case with partial agreement and HK$6,500 per case / HK$700 per hour for a case without agreement.

According to the record kept by FMCO, 65% of cases appointed mediators from NGOs for family mediation. These NGOs would provide mediation service with concession rate to the parties with financial difficulty.

 

Cases referred to independent Mediators through
Family Mediation Co-ordinator’s Office

(From 01/01/2016 to 31/12/2016)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case(hour)
Average Cost
of Mediation
per case (HK$)
Cases with Full agreement 83 (55%) 12

$9,600 per case/
$800 per hour

Cases with Partial agreement 12 (8%) 13

$10,300 per case/
$800 per hour

Total number of cases with full/partial agreement 95 (63%) - -
Cases with No agreement 55 (37%) 9

$6,500 per case/
$700 per hour

Sub-total
(Cases with Mediation)
150
Cases settled/ withdrawn/ discontinued without mediation 47
Others
(e.g. result pending, etc)
40
Total: 237
Duration of the Whole Mediation Process (days) V 100
 
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

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Mediation Statistics for Building Management Cases

Building Management Mediation Co-ordinator’s Office

Mediation has been introduced in the Lands Tribunal to cover building management cases filed since 1 January 2008. The Building Management Mediation Co-ordinator’s Office (“BMMCO”) was set up in the Lands Tribunal by the Judiciary to help litigants in building management cases to consider using mediation to resolve their disputes. The role of the BMMCO is to act as a focal point for mediation enquiries relating to building management cases filed with the courts. The BMMCO conducts information sessions on mediation and provides pre-mediation consultation and facilitates those willing to mediate to select mediator. Mediation is however conducted by independent mediators outside of the Judiciary.

BMMCO aims to facilitate the parties in seeking mediation. Arrangements would be made for any parties who are interested in seeking mediation or have approached the office to attend an information session on mediation. BMMCO would provide the parties seeking mediation a list of mediators who have indicated their willingness to participate in mediation, from which the parties may choose their mediator. Mediation referrals would be made for the parties through BMMCO. Some parties may approach private mediators or mediators in the community for mediation service on their own motions. Judiciary does not keep such statistics.

During the 5-year period from 1 January 2008 to 31 December 2012, a total of 589 cases have been referred to mediators by the BMMCO. As at 31 December 2012, mediation has been conducted and completed in 556 cases, of which 226 have been settled after mediation. The success rate, based on cases completed, is 41%. The duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, ranges from 49 days to 62 days during that period.

On average, it took 6 hours to reach a full and partial agreement and 4 hours to reach no agreement. Regarding the cost of mediation, the Judiciary did not collect such statistics over the mentioned period, and thus could not provide such figures. However, according to the previous record of the BMMCO, 96% of cases appointed mediators who offer mediation services on a pro-bono basis.

 

Average Duration between the date of Appointing Mediator to the date of Completion of the Whole Mediation Process (in days) for Building Management Cases

 Year DaysV
2008 53
2009 60
2010 49
2011 52
2012 62
 
V It is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

Cases referred to independent Mediators through
Building Management Mediation Co-ordinator’s Office


(From 01/01/2008 to 31/12/2012)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case(hour)
Cases with Full agreement 162 (29%) 6
Cases with Partial agreement 64 (12%) 6
Total number of cases with full/partial agreement 226 (41%) -
Cases with No agreement 330 (59%) 4
Sub-total
(Cases with Mediation)
556
Cases settled/ withdrawn/ discontinued without mediation 31
Others
(e.g. result pending, etc)
2
Total: 589

In 2013, a total of 79 cases have been referred to mediators by the BMMCO. As at 31 December 2013, mediation has been conducted and completed in 69 cases, of which 36 have been settled after mediation. The success rate, based on cases completed, is 52%. The average duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 47 days.

Over average, it took 5 hours to reach a full agreement, 4 hours to reach a partial agreement and 3 hours to reach no agreement.

Regarding the cost of mediated cases, in year 2013, only 6 of them appointed fee-charging mediators. One case cost HK$350 / HK$90 per hour with full agreement; HK$2,000 / HK$400 per hour for another case with partial agreement; and four cases without agreement, the average cost was HK$1,200 per case / HK$400 per hour.

According to the record kept by BMMCO, 92% cases appointed mediators who offer mediation services on a pro-bono basis.

 

Cases referred to independent Mediators through
Building Management Mediation Co-ordinator’s Office

(From 01/01/2013 to 31/12/2013)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case (hour)
Average Cost
of Mediation
per case+ (HK$)
Cases with Full agreement 26 (38%) 5 $350 (for 1 case)
Cases with Partial agreement 10 (14%) 4 $2,000 (for 1 case)
Total number of cases with full/partial agreement 36 (52%) - -
Cases with No agreement 33 (48%) 3 $1,170 (for 4 cases)
Sub-total
(Cases with Mediation)
69
Cases settled/ withdrawn/ discontinued without mediation 3
Others
(e.g. result pending, etc)
7
Total: 79
Duration of the Whole Mediation Process (days) V 47
 
+ It only includes cases appointed fee-charging mediators; of the cases referred in year 2013, only 6 of them appointed fee-charging mediators.
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

In 2014, a total of 114 cases have been referred to mediators by the BMMCO. As at 31 December 2014, mediation has been conducted and completed in 99 cases, of which 50 have been settled after mediation. The success rate, based on cases completed, is 51%. The average duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 44 days.

Over average, it took 5 hours to reach a full agreement, 3 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, in year 2014, only 7 of them appointed fee-charging mediators. Of which, one case cost HK$1,000 / HK$200 per hour with full agreement; HK$3,000 / HK$1,000 per hour for another case with partial agreement; and one case without agreement, it cost HK$3,200 / HK$800 per hour.

According to the record kept by BMMCO, 93% cases appointed mediators who offer mediation services on a pro-bono basis.

 

Cases referred to independent Mediators through
Building Management Mediation Co-ordinator’s Office

(From 01/01/2014 to 31/12/2014)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case (hour)
Average Cost
of Mediation
per case+ (HK$)
Cases with Full agreement 23 (23%) 5 $1,000 (for 1 case)
Cases with Partial agreement 27 (28%) 3 $3,000 (for 1 case)
Total number of cases with full/partial agreement 50 (51%) - -
Cases with No agreement 49 (49%) 4 $3,200 (for 1 case)
Sub-total
(Cases with Mediation)
99
Cases settled/ withdrawn/ discontinued without mediation 7
Others
(e.g. result pending, etc)
8
Total: 114
Duration of the Whole Mediation Process (days) V 44
 
+ It only includes cases appointed fee-charging mediators; of the cases referred in year 2014, only 7 of them appointed fee-charging mediators.
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

 

In 2015, a total of 128 cases have been referred to mediators by the BMMCO. As at 31 December 2015, mediation has been conducted and completed in 88 cases, of which 36 have been settled after mediation. The success rate, based on cases completed, is 41%. The average duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 53 days.

Over average, it took 6 hours to reach a full agreement, 6 hours to reach a partial agreement and 3 hours to reach no agreement.

Regarding the cost of mediated cases, in year 2015 only 1 of them appointed fee-charging mediator which involved a cost of HK$300.

According to the record kept by BMMCO, 99% cases appointed mediators who offer mediation services on a pro-bono basis.

 

Cases referred to independent Mediators through
Building Management Mediation Co-ordinator’s Office

(From 01/01/2015 to 31/12/2015)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case (hour)
Average Cost
of Mediation
per case+ (HK$)
Cases with Full agreement 25 (28%) 6 -
Cases with Partial agreement 11 (13%) 6 -
Total number of cases with full/partial agreement 36 (41%) - -
Cases with No agreement  52 (59%) 3 $300 (for 1 case)
Sub-total
(Cases with Mediation)
88
Cases settled/ withdrawn/ discontinued without mediation 20
Others
(e.g. result pending, etc)
20
Total: 128
Duration of the Whole Mediation Process (days) V 53
 
+ It only includes cases appointed fee-charging mediators; of the cases referred in year 2015, only 1 of them appointed fee-charging mediator.
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

 

In 2016, a total of 86 cases have been referred to mediators by the BMMCO. As at 31 December 2016, mediation has been conducted and completed in 76 cases, of which 42 have been settled after mediation. The success rate, based on cases completed, is 55%. The average duration between the date of appointing mediator to the date of completion of the whole mediation process, on average, is 50 days.

Over average, it took 5 hours to reach a full agreement, 4 hours to reach a partial agreement and 4 hours to reach no agreement.

Regarding the cost of mediated cases, in year 2016 only 1 of them appointed fee-charging mediator which involved a cost of HK$2,000.

According to the record kept by BMMCO, 99% cases appointed mediators who offer mediation services on a pro-bono basis.

 

Cases referred to independent Mediators through
Building Management Mediation Co-ordinator’s Office

(From 01/01/2016 to 31/12/2016)
Level of agreement reached Number of cases
(%)
Average Time
spent on Mediation
per case (hour)
Average Cost
of Mediation
per case+ (HK$)
Cases with Full agreement 28 (37%) 5 $2,000 (for 1 case)
Cases with Partial agreement 14 (18%) 4 -
Total number of cases with full/partial agreement 42 (55%) - -
Cases with No agreement 34 (45%) 4 -
Sub-total
(Cases with Mediation)
76
Cases settled/ withdrawn/ discontinued without mediation 3
Others
(e.g. result pending, etc)
7
Total: 86
Duration of the Whole Mediation Process (days) V 50
 
+ It only includes cases appointed fee-charging mediators; of the cases referred in year 2016, only 1 of them appointed fee-charging mediators.
V It refers to the average duration between the date of appointing mediator to the date of completion of the whole mediation process (in days); and it is arrived by having the total number of days reported for the mediation process, divided by the number of cases with duration reported over that year.

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