- A family mediator acts as a neutral party, helping people who are divorcing or separating to settle matters such as the care of the children, division of property and spousal maintenance peacefully.
- Family mediation services also offer adjustment counselling for adults and children going through divorce, emotional support groups and talks, and divorce legal advice.
- Mediation fees can differ from one provider to another. Private family mediators usually charge a fee, while some organisations offer the service free.
- What is discussed in mediation is confidential, and a mediation agreement signed by both parties is legally binding.
Family mediation gives you a place to negotiate. A licensed family mediator, acting impartially, helps with the matters that arise when a couple divorce or separate.
The sections below explain the divorce family mediation process, the mediators and the fees.
What is family mediation?
Family mediation is a professional process of negotiation. It helps people who are divorcing or separating to deal peacefully with the matters that follow.
These matters include, but are not limited to:
- Parenting arrangements and the care of the children
- Child maintenance and the children’s education costs
- Spousal maintenance and financial support between the spouses
- Division of property
The family mediator acts as a neutral party, helping both sides reach agreement so that both can keep up their duties as parents and keep their relationship with the children.
Can family mediation deal with your child custody issues?
Feel free to check your situation with us.
Why choose family mediation? The benefits
Family mediation has several benefits:
- Greatly reduces the emotional hurt that divorce causes adults and their children
- Saves the high cost and the time of settling a divorce through the court
- The process stresses cooperation and trust between both sides, which helps reach a win-win solution and protects the best interests of the children
- The parties have more control over the process, and the agreement reached is easier for both to accept and keep to
Family mediation is not limited to the money issues of a divorce. It also covers:
- Custody of the children and access to them
- Division of living expenses
- Handling of the couple’s jointly owned property
These services aim to give separating or divorcing couples a complete solution, so that everyone’s needs are properly handled and arranged during the transition.
With the guidance of a professional family mediator, both sides can discuss and settle their differences in a supportive, understanding setting, and reach an agreement both can accept.
Benefits of family mediation
Family mediation offers a way to settle matters outside court. With a professional family mediator, both sides can reach agreement peacefully and reasonably. The benefits include:
- Significantly less time and mental strain than court proceedings, and lower legal costs
- More attention to the wellbeing of both sides and the children, so that the solution best suited to everyone can be found
- Better compliance with the agreement, and less pain for family members
- Better cooperation between parents in bringing up the children
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The scope and process of divorce family mediation in Hong Kong
Family mediation provides full divorce counselling to help family members facing divorce or separation adjust to their new circumstances and deal with the challenges that come with it.
When facing divorce or separation, many couples and their children go through major emotional and psychological changes.
Divorce adjustment counselling for adults
Divorce adjustment counselling for adults helps divorced or separated couples deal with the emotional distress and psychological impact of separation or divorce. It includes:
- Help in managing changes in family life
- Setting goals for the future
- Dealing with conflict with a former spouse
- Solving problems met in bringing up the children
- Professional advice to help divorced parents understand their children’s thoughts and feelings
- Help in keeping a healthy parent-child relationship after separation or divorce
Divorce adjustment counselling for children
For children of divorced families, family mediation offers dedicated counselling to help them adjust to the change in family structure. This includes:
- Helping them build a good relationship with their parents
- Dealing with emotional reactions and behaviour problems caused by their parents’ divorce
Through this counselling, the aim is to help children find stability amid the change and to support their healthy development.
Groups and talks on coping with emotions during divorce
To address the emotional impact of divorce, family mediation providers run a range of groups and talks, for example:
- Conflict management groups
- Emotional relief groups
- Talks on marriage mediation
These activities aim to give practical strategies and emotional support, helping participants manage and cope with the emotional stress of divorce.
Divorce legal advice
Family mediation providers run regular talks, “Divorce Law and Family Mediation Services”, given by experienced volunteer solicitors and family mediators. The talks cover:
- Divorce formalities and legal procedure
- Arrangements for the children, access and custody
- How child maintenance and spousal maintenance are calculated
- Principles of dividing property
Free legal advice is also available. Volunteer solicitors answer legal questions about divorce and explain family law, including:
- Custody
- Access to the children
- Child maintenance
- Spousal maintenance
- Dividing property
Free legal advice is meant to make sure you understand and are prepared for the whole divorce process.
Family mediation fees in Hong Kong, and when it suits
Family mediation fees can differ depending on the provider.
| Fee arrangements | |
|---|---|
| Private family mediators | Usually charge a fee |
| Some non-governmental organisations | Set fees according to the parties’ income, which makes the service more accessible |
| Some organisations | Offer free family mediation, aimed at families with limited means |
Family mediation is a way to settle divorce and related family disputes without going to court. The process usually covers an initial meeting, identifying the issues, working out options and reaching a final agreement.
Throughout, the family mediator acts as a go-between, making sure both sides can state their views and needs fairly and helping them find a solution that works for both.
Judging when family mediation is suitable
Not every divorce or family dispute is suited to family mediation.
Please note
- Before mediation formally begins, the family mediator holds an initial meeting to assess whether the case is suitable
- Cases involving domestic violence or child abuse may not be suitable for mediation, because the victim may feel unsafe or unable to speak freely during the negotiation
Legal advice in family mediation, and your right to stop
In family mediation, participants have the right to seek independent legal advice at any time, and may choose to end the mediation at any stage.
What is said and negotiated in mediation cannot be used as evidence in court.
Please note
- Although the agreement reached is not legally enforceable in itself, participants can ask a solicitor to turn its terms into a court order that has legal effect
Why confidentiality matters in mediation
All discussions and agreements take place on a strictly confidential basis, to protect participants’ privacy and information.
The mediator will ask both parties to sign a confidentiality agreement, so that what is said in the sessions is not leaked.
These measures aim to create a safe place to communicate, where both sides can share and talk honestly and reach a true settlement.
- Why are divorce lawyers expensive?
- Why hire a solicitor for your divorce: the benefits and why it matters
- Free ways to consult a divorce solicitor, what a consultation covers and who to consider: a full guide
Not sure whether mediation suits your situation?
Get in touch, and a dedicated consultant will first understand your situation.
The role of the mediator in family mediation in Hong Kong
Through family mediation, both sides can discuss and settle the terms of maintenance with the mediator’s help.
Once agreement is reached, the terms can take effect straight away, even while the divorce application is under way, so that the living standards of neither party nor the children are affected.
Please note
- Even if you choose family mediation, you are advised to get legal advice to protect your own interests
- You do not have to be represented by a solicitor in family mediation, but professional legal advice helps you better understand your legal position and options
Conditions for taking part in family mediation
Family mediation requires both sides to be willing to take part and to mediate together.
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Say what you want
You need to tell the other party that you want a separation or divorce
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Tell the other party
Tell the other party that you have contacted the mediation centre
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The mediation centre steps in
If the other party agrees, the mediation centre will step in and invite them to take part, which helps put both in a more open and prepared frame of mind for mediation
Confidentiality of mediation information
At the start of family mediation, the parties and the family mediator sign a confidentiality agreement.
Apart from the final settlement agreement, everything discussed in mediation will not be made public and will not be used in any legal proceedings.
This lets both sides speak freely without worrying that information will leak.
The legal effect of a mediation agreement
Once agreement is reached in mediation and both sides have signed it, the agreement is legally binding.
The two sides can choose to:
- File the agreement themselves with the divorce application at the Family Court, asking for it to be carried out
- Instruct a solicitor to apply to the court for the matching divorce order, so that the agreement is recognised and enforced
Family mediation providers in Hong Kong
In Hong Kong, couples who need family mediation can turn to several official judicial bodies, including the following, based in the government offices in Wanchai:
- The Office of the Mediation Co-ordinator, Family Court Building
- Family Court Registry
These offices give full information and services on family mediation.
Family mediation from social and religious organisations
Besides the official channels, several social and religious organisations in Hong Kong also offer family mediation, such as:
- Caritas Hong Kong
- Hong Kong Catholic Marriage Advisory Council
- Hong Kong Christian Service
- The Hong Kong Council of Social Service and others
These organisations have dedicated family service centres that offer mediation and related counselling.
Professional legal support and shared resources
For people who need legal advice, the Hong Kong Family Law Association and the Hong Kong Family Welfare Society offer free legal advice.
The Hong Kong International Arbitration Centre and the Christian and Missionary Alliance Church Kornhill Family Service Centre, among others, also offer professional family mediators to help with the legal and emotional issues of divorce.
Free legal advice scheme
The Hong Kong Government also runs a free legal advice scheme, with legal advice centres at District Offices across the districts, such as:
- Central and Western
- Eastern
- Islands and others
The legal advice centres make it easy for residents to get professional guidance and help on legal questions in family mediation.
A list of family mediation providers is available from the University of Hong Kong’s list of family mediation providers.
Legal questions in family mediation still unclear?
If in doubt, feel free to contact our dedicated consultants.
Frequently asked questions about divorce family mediation in Hong Kong
What conditions do I need to meet to take part in family mediation?
There are no specific conditions for taking part in family mediation. Any couple facing a family dispute can choose mediation as a way to settle it.
What is the family mediation process?
Family mediation usually involves an initial meeting, several mediation sessions and reaching an agreement.
The mediator helps both sides communicate, look for common ground and draw up the agreement.
Is divorce mediation compulsory?
In Hong Kong, divorce mediation is not compulsory, but the court may suggest or encourage couples to try mediation first, to settle disputes more peacefully.
How likely is family mediation to succeed?
The success of family mediation depends on how well both sides cooperate and on the mediator’s professional skill. Generally, couples who are willing to settle through mediation are more likely to reach agreement.
How do I choose a suitable family mediator?
When choosing a family mediator, consider their professional qualifications, experience and mediation training.
You can get recommendations from the court, service providers or professional mediation bodies.
