In a quick survey of mediation rules, one will find that confidentiality is at the heart of mediation. 


Under confidentiality, one cannot disclose any information or documents disclosed by the other parties and the mediator in mediation to any third party or the Court, unless otherwise agreed by the other parties or disclosable in law. Its objective is to encourage the parties so far as possible to settle their disputes through free and frank exchange without fear that such exchange will be used to their prejudice in the subsequent legal proceedings, in the event that no agreement can be reached to settle the disputes. However, in practice, the confidentiality rule may not be effective in guarding against a party from mis-using the confidential information obtained in the mediation session.

Key Contacts

Ronald Sum

Ronald Sum

Partner, Commercial Litigation
Hong Kong

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Daniel Lee

Daniel Lee

Counsel, Commercial Litigation
Hong Kong

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