Mediation Clause Policy
The Department of Justice (“DoJ”) has been committed to promoting and developing the legal and dispute resolution services of Hong Kong, including promoting the wider use of mediation as an effective alternative dispute resolution means. Under the policy initiative to deepen the mediation culture in Hong Kong, the Government would take the lead to incorporate mediation clauses in government contracts and encourage private organisations to make reference to and adopt similar clauses in their contracts.
To take forward the initiative, DoJ issued the Policy Statement on the Incorporation of Mediation Clauses in Government Contracts (the “Policy Statement”) on 6 November 2024. By virtue of the Policy Statement, the Government will, as a matter of general policy, incorporate a mediation clause in government contracts (“Policy”). The mediation clause signifies the parties’ agreement to use mediation to resolve disputes first before resorting to arbitration or litigation. The Policy takes effect on 6 February 2025.
Policy Statement on the Incorporation of Mediation Clauses in Government Contracts
To complement the implementation of the Policy, DoJ has prepared a mediation clause for incorporation in government contracts and, after consultation, a set of tailor-made mediation rules – “The Government of the Hong Kong Special Administrative Region Mediation Rules”.
Mediation clause
- The Parties shall first refer any dispute or difference arising out of or in connection with the Contract to mediation in accordance with The Government of the Hong Kong Special Administrative Region Mediation Rules prevailing at the time.
- If the said dispute or difference is not settled by mediation according to [paragraph (1) above], a Party may institute litigation in respect of the said dispute or difference. The Parties agree that the courts of Hong Kong shall have exclusive jurisdiction in respect of the said dispute or difference.
Mediation Rules
The Government of the Hong Kong Special Administrative Region Mediation Rules (2025 Edition)
Please click here for more information about mediation and DoJ’s other policies on promoting mediation.