What Changed
- Introduction of the Mediation (Amendment) Bill 2026 into the Legislative Council on October 14, 2026.
- Conferral of default statutory mediator-appointing power on HKMAAL under the Mediation Ordinance (Cap. 620).
- Implementation of accompanying regulatory measures including revisions to the Hong Kong Mediation Code and a new disciplinary framework.
The Hong Kong SAR Government has introduced legislative amendments to the Mediation Ordinance (Cap. 620) to grant statutory default mediator-appointing powers to the Hong Kong Mediation Accreditation Association Limited (HKMAAL). Under the proposal, if parties to an agreement to mediate fail to agree on the selection of a mediator or if an agreed appointment procedure is not carried out, any party may apply to the HKMAAL to decide the number of mediators or appoint mediators in prescribed circumstances.
This measure directly affects commercial parties, legal practitioners, dispute resolution institutions, and accredited mediators engaging in mediation in Hong Kong SAR. By establishing a default mechanism to resolve deadlocks over mediator selection, the amendments aim to streamline case administration, mitigate the risk of stalled proceedings, and improve efficiency, particularly in time-sensitive commercial disputes.
The Mediation (Amendment) Bill 2026 was gazetted on October 2, 2026, and officially introduced into the Legislative Council on October 14, 2026. Specific entry-into-force and application dates are not provided in the source statement.
The legislative proposal was formulated based on recommendations made in December 2025 by the Working Group on Mediation Regulatory System following stakeholder consultation. Subsequent stakeholder consultations conducted from June to July 2026 demonstrated general support from major legal and dispute resolution bodies, as well as the Judiciary.
Incorporated in 2012, the HKMAAL serves as an industry-led accreditation and regulatory body spanning law, construction, engineering, architecture, surveying, and family welfare. Unlike most mediation entities in Hong Kong SAR, the HKMAAL does not offer mediation services or training courses, ensuring its neutrality as an appointing authority. Alongside statutory appointment powers, the broader regulatory package entails the HKMAAL revising the Hong Kong Mediation Code, implementing a complaint-handling and disciplinary framework, and participating in global dispute resolution discussions.
Who May Be Affected
Parties to mediation agreements, legal and dispute resolution practitioners, commercial enterprises, and accredited mediators in Hong Kong SAR.
Cross-Border Context
Strengthens Hong Kong SAR's position as an international commercial dispute resolution and mediation hub for entities engaged in cross-border business.
What to check next
- Legislative passage of the Mediation (Amendment) Bill 2026 in the Legislative Council
- Publication of the revised Hong Kong Mediation Code by HKMAAL
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.