Sharon D. Melloy
Private Judging (HK) Ltd
Services
With this in mind and in order to compliment the current family law court system in Hong Kong, the Former Judge (FJ) intends to accept appointments as follows:
- to adjudicate in Private Financial Adjudications (PFA's)
- to facilitate in private Financial Dispute Resolution hearings (FDR's);
- to facilitate in private mediator assisted FDR's (MFDR's) and
- to provide Early Neutral Evaluations (ENE's) on financial matters.
The FJ, only intends to accept a limited number of cases per annum.
This is so that the FJ is able to deliver on her commitment to work as quickly and as
effectively
as
possible.
Please also note that the FJ will only accept appointments from lawyers.
The FJ is not in a position to assist parties acting in person and the FJ
must be jointly/severally
instructed.
Enquiries may be made via this web site in the first instance.
Private Financial Adjudications (PFA's)
It is anticipated that PFA's shall be conducted in a similar way to a trial in the Family Court in accordance with Practice Direction SL9. It is likely to be conducted over several days.
PROCEDURE
- the parties' lawyers shall send the FJ, as the Adjudicator, a set of documents, a list of which shall be sent out separately, in a timetable agreed to by all sides;
- both parties and their lawyers shall attend at least one and possibly two initial hearings (“the initial hearing/s”) with the FJ prior to the PFA;
- the “initial hearing/s” and the PFA itself shall be conducted on an open basis;
- at the end of the PFA, the parties' lawyers shall be given an opportunity to file a written closing submission within a specified period of time;
- thereafter the FJ shall deliver a formal written adjudication also within a specified period of time.
Private Financial Dispute Resolution hearings (FDR's)
A Private FDR shall generally be held over one or two days. As in the Family Court the FJ shall indicate to the parties what is likely to happen at a trial. She will also help to facilitate a negotiated settlement between the parties.
PROCEDURE
- the parties' lawyers shall send the FJ, as the facilitator, a set of documents, a list of which shall be sent out separately, in a timetable agreed to by all sides;
- both parties and their lawyers shall attend a short initial meeting (“the initial meeting”) with the FJ prior to the FDR hearing;
- the FDR process, including the “initial meeting” and the FDR hearing itself shall be conducted on a without prejudice basis.
Private Mediator assisted FDR's (MFDR's)
These shall be conducted in a similar way to a private FDR, save that the parties shall also instruct an accredited family law mediator to work alongside the FJ during the FDR process.
PROCEDURE
- the parties' lawyers shall send the FJ, as the facilitator, a set of documents, a list of which shall be sent out separately, in a timetable agreed to by all sides;
- both parties and their lawyers, together with the mediator shall attend an initial meeting (“the initial meeting”) with the FJ prior to the MFDR hearing;
- it is anticipated that the mediator shall have held an intake session with each of the parties prior to MFDR and that the FJ and the mediator shall have met to discuss the case prior to the initial meeting;
- it is also anticipated that round table mediations shall take place during the MFDR itself. To that end, please note that shuttle negotiations on their own are unlikely to be sufficient for the purposes of a MFDR conducted by the FJ;
- the MFDR process, including the “initial meeting” and the MFDR hearing itself shall be conducted on a without prejudice basis;
- the parties shall give specific permission for information to be shared between the mediator and the FJ, both prior to the MFDR and during the process itself.
Early Neutral Evaluations (ENE's)
Although popular in other jurisdictions, Early Neutral Evaluations (ENE's), are not common in Hong Kong. It is anticipated that they may be a helpful tool, where, for example, the parties have received different advice from their respective lawyers, or one or other of the litigants does not accept the advice given. The FJ will be able to briefly assess the point or points in issue and give an indication, on paper of likely outcomes, with a view to assisting the parties move forward more constructively with their settlement negotiations.
Fees and Disbursements
The FJ's standard charging out rate is HK$10,000 per hour.
This applies to all “private judging” activities including but not limited to the following:
- all preparation time, including reading in and research;
- all attendances at meetings and hearings;
- liaison with lawyers (and accredited family mediators for MFDR's), including attendance on all telephone calls, e-mails and letters;
- all writing up of Adjudications, ENE's, Memo's and other relevant documents.
Fees
A schedule of fees may be requested. Fixed fees may be provided for one- and two-day FDR's and MFDR's. Other fees shall generally be estimated on a case-by-case basis.
50% of the fees shall be paid on account 14 days prior to the commencement of the initial meeting/hearing and shall be jointly/severally paid, unless by prior agreement with the FJ ahead of time. A final account shall be delivered to the parties after the conclusion of the process. Final payment shall be made within 28 days of the invoice being rendered.
Disbursements
All major disbursements, in particular mediator's fees (where relevant) and the cost of hiring rooms, shall be funded by the parties separately and shall be paid for jointly/severally, unless by prior agreement with the FJ.
Rooms
It is anticipated that the “private judging” shall take place at the Hong Kong International Arbitration Centre, or at a Business Centre of similar standing with the relevant confidential facilities.
Get In Touch
Send Sharon Melloy a message and she will respond as soon as possible.