The Judiciary will implement a practice direction on mediation from January 1. Courts will encourage litigating parties to use an alternative dispute resolution procedure when appropriate.

The practice direction applies to a large part of civil proceedings in the Court of First Instance and the District Court begun by writ.

In cases where all parties are legally represented, if a side wishes to attempt mediation, they should file a mediation certificate, serve a mediation notice on the other party in the dispute, and file a copy with the court. The latter should respond to the former by way of a mediation response and file a copy with the court.

Both parties should try to reach agreement on the proposal they put forward in the mediation notice and mediation response. If their attempt fails, they can apply to the court for directions to resolve the differences regarding the proposal.

As for legally unrepresented litigants, the court can, at a suitable stage, invite the parties to attempt mediation. Parties can also, by consent, approach professional bodies or appoint a mutually agreed mediator.

Pending mediation, the court can stay the legal proceedings during the interim. In exercising its discretion on costs, the court takes into account a party's unreasonable refusal of mediation as one of the circumstances.

The Mediation Information Office (Room LG104, Lower Ground 1/F, High Court Building, 38 Queensway) will open January 4. It handles enquiries on court-related mediation and conducts information sessions for interested parties. A dedicated webpage will also be formed.

For enquiries call 2825 0470 or email mediation@judiciary.gov.hk.