AI Magazine Issue 1 2018

Acquisition International - Issue 1 2018 37 Dedication to Mediation Mediation is now conducted in Hong Kong by trained mediators in a structured process, consistent with the preferred facilitative approach. The Mediation Ordinance has been enacted in 2013, to define amongst other matters the scope of confidentiality: mediators and parties to mediation are required to keep confidential all information generated in the course of mediation, save for the limited exceptions listed in the Ordinance. Parties are prohibited from submitting documents obtained during the mediation process as evidence in subsequent if proceedings should settlement fail. Sylvia is eager to emphasise the benefits of this technique and how it can help many participants. “Fundamentally, it is my belief that mediation suits most civil cases, particularly where there is an element of human relationships in matters such as family, probate, or shareholder disputes. In addition, commercial cases are often suitable where parties want to have a cost effective and speedy resolution. “This is because mediation is a neutral process involving an unbiased mediator, allowing the matters to be kept confidential, and both parties can appoint and approve the mediator giving both parties a sense of control over the outcome.” With the Silk Road Initiative, Sylvia and the team at Sit, Fung, Kwong & Shum are prepared to serve their customers moving into the international markets, as she explains in her concluding comments. “Recently, I have had the privilege of working and sharing my knowledge around the world. Working with different organisations in East Asia in promoting mediation as an alternative dispute resolution method has been rewarding. My involvement has been diverse: I have become the President of Hong Kong Institute of Arbitrators, Vice Chair of the Guangzhou, Hong Kong; Macao Mediation Alliance; the Alternative Dispute Resolution chair of the Hong Kong Federation of Women Lawyers; the Vice Chair of Nansha International Arbitration Centre in Nansha District, Guangzhou, PRC; and the Founder of the Hong Kong Mediation Centre which is founding member of Asian Mediation Association. Holding various positions has enabled me to broaden my knowledge, deepen my belief that mediation can bring benefits to a wide variety of disputes, thus equipping me to meaningfully and passionately share and promote mediation. Alongside this, I was also honoured to be the Asian representative at the World Mediation Forum, lectured at National Judges College in Beijing, Dongguan Court, Tsinghua University etc, and have spoken at many international conferences relating to mediation. Being involved in different jurisdictions has exposed me to various cultures and local customs. Despite the differences, there is always one thing in common between the countries in the East Asian region - in most cases involving mediation, the parties want to actively solve the problem together; and that bodes well for the future of mediation. As such, I am excited to be at the forefront of the development of this dynamic, emerging form of ADR and look forward to the developments that the future has in store.” At Hong Kong Mediation Centre's 10th Anniversary with Sir Laurence Street Received Pro Bono Distinguished Award from Chief Justice Mr Geoffrey Ma SC