Procedures for appointment of a Mediator


  1. An application for appointment of a Mediator should be submitted on Form M1 together with a fee for administration of appointment.

  2. Upon receipt of the application for appointment of a Mediator, the Joint Dispute Resolution Committee ("the JDRC") of the Hong Kong Institute of Architects ("HKIA") and the Hong Kong Institute of Surveyors ("HKIS") shall select a suitable person according to a roster and shall propose him/her as the Mediator, having regard to:-

    (a) Nature of the dispute;
    (b) Suitability of the selected person;
    (c) Availability of the selected person;
    (d) Identity of the parties;
    (e) Independence and impartiality of the selected person;
    (f) Any conditions stipulated in the parties’ contract or agreement with regard to dispute resolution; and
    (g) Any suggestions made by the parties themselves.

  3. The JDRC will seek confirmation from the selected person his/her willingness and availability to act.

  4. Upon receipt of the said confirmation from the proposed appointee, the parties will be informed in writing the identity of the proposed appointee.

  5. Parties are given one week to confirm in writing their agreement of the appointment of the proposed appointee, to make representation and/or to provide any reasonable ground of objection, to the JDRC. Any request for extension of time will be considered by the JDRC on a case by case basis.

  6. Upon receipt of the parties’ agreement of the proposed appointee or in the absence of response/objection from both parties, an appointment letter will be issued by the President of HKIA and President of HKIS to appoint him/her formally as the Mediator.

  7. If either party or both parties provide(s) ground(s) of objection, and if the JDRC considers such ground(s) is/are justified, the JDRC will either repeat the selection process set out above or will come to a decision that no Mediator should be appointed. If JDRC considers the ground(s) of objection is/are unjustified, the appointment of the selected person as the Mediator will proceed.