Family disputes arbitration bill passed on the first reading

The Legislative Assembly (AL) has passed the first reading of a new bill establishing an arbitration and mediation scheme for family disputes.

The bill aims to introduce family mediators, who will attempt to resolve conflicts related to divorce, parental rights, and other family matters to potentially avoid court litigation.

Under the bill, family mediators (or ‘conciliators’) can include a range of people including social workers and other public administration workers appointed by the Social Welfare Bureau.

Several lawmakers including Che Sai Wang, José Pereira Coutinho, and Ron Lam have raised concerns about the qualifications and competence of these mediators, as well as the mandatory nature of the proposed process.

During discussions, Secretary for Administration and Justice André Cheong said that in the government’s view, the role of the mediators is to provide the parties an opportunity to address their disputes and seek resolution outside of court. This process does not in any way replace the courts nor restrict individuals’ right to legal recourse.

During voting, Che and Pereira Coutinho abstained on the matter, while Lam voted in favor but requested further clarification from the government on the procedures and qualifications for mediators.

The bill will now proceed to the AL Second Standing Committee for detailed review.