Costs and Funding for Family Mediation: Fee Scales for Family Mediation Services in Hong Kong

The Hong Kong Judiciary’s Practice Direction 31 (PD 31) has, since its latest revision in 2023, mandated that parties in most ancillary relief proceedings in the Family Court must file a certificate confirming they have considered mediation before a case management conference. This regulatory push, combined with the 2025-2026 financial year’s cost-of-living adjustments, has made the transparent disclosure of mediation fee scales a practical necessity for litigants-in-person and legal representatives alike. Without a clear understanding of how mediators charge—whether by hourly rate, a fixed package, or a sliding scale based on income—parties risk agreeing to a process that is either financially unsustainable or procedurally unsuitable. The following guide breaks down the standard fee structures for family mediation services in Hong Kong, the statutory framework governing costs, and the funding options available to ensure that mediation remains a viable alternative to contested court proceedings.

The Statutory and Regulatory Framework for Mediation Costs

The legislative basis for family mediation in Hong Kong is not a single ordinance but a patchwork of court rules, practice directions, and professional codes. The key source is the Matrimonial Proceedings and Property Ordinance (Cap. 192), which governs financial relief after divorce. Section 18 of Cap. 192 gives the court the power to refer any matter to mediation. However, the costs of that mediation are not prescribed by statute. Instead, the court relies on Practice Direction 31 (PD 31) to set procedural expectations.

Step 1: Understand the PD 31 certificate requirement. Before the first case management conference in ancillary relief proceedings, both parties must file a “Mediation Certificate” (Form J). This certificate confirms whether the party has attended an information session on mediation and whether they are willing to attempt mediation. The certificate does not bind the parties to mediate, but a failure to consider mediation can be factored into a costs order later. The court has the power under Order 62 of the Rules of the High Court (Cap. 4A) to penalise a party who unreasonably refuses to mediate by awarding costs against that party.

Step 2: Identify the professional body setting the fee guidelines. The Hong Kong Mediation Accreditation Association Limited (HKMAAL) is the primary accrediting body for mediators in Hong Kong. HKMAAL does not set mandatory fee scales, but it publishes a “Recommended Fee Schedule for Family Mediation” which many accredited mediators adopt. As of 2025, the recommended hourly rate for a HKMAAL-accredited family mediator ranges from HK$1,500 to HK$3,500 per hour, depending on the mediator’s experience, the complexity of the case, and the number of parties involved.

Step 3: Check for court-ordered mediation schemes. The Family Mediation Pilot Scheme, first introduced in 2000 and made permanent in 2013, provides a subsidy for eligible parties. Under this scheme, the Social Welfare Department (SWD) funds up to 10 hours of mediation per case for parties who meet the means test. The subsidy rate in 2025 is HK$800 per hour, which is paid directly to the mediator. The mediator may charge a top-up fee if their standard rate exceeds the subsidy. The SWD publishes the means test thresholds annually. For the 2025-2026 financial year, a party with a monthly disposable income below HK$30,000 and liquid assets below HK$200,000 is likely eligible.

Fee Structures: Hourly Rates, Fixed Packages, and Sliding Scales

Mediators in Hong Kong typically offer three pricing models. Each model has distinct advantages and risks for the parties. The choice of model should be discussed at the initial information session.

Hourly Rates

The most common model is the hourly rate. The mediator charges for all time spent on the case, including preparation, reading documents, conducting the mediation sessions, and drafting the settlement agreement. The HKMAAL Recommended Fee Schedule 2024 states that the hourly rate should be agreed in writing before the first session.

• Standard rate: HK$1,500 to HK$2,500 per hour for a general family mediator.
• Senior mediator rate: HK$2,500 to HK$3,500 per hour for a mediator with 10+ years of experience or specialist accreditation in family law.
• Co-mediation rate: If two mediators are used (common in high-conflict cases involving children), each mediator charges their own hourly rate. The parties share the total cost equally unless otherwise agreed.

Practical point: The total number of hours for a typical family mediation ranges from 6 to 12 hours. A straightforward custody and access dispute may resolve in 4 to 6 hours. A complex financial case involving business valuations, overseas assets, and spousal maintenance can take 15 to 20 hours. The parties should ask the mediator for a written estimate of the expected number of sessions.

Fixed Packages

Some mediation centres and individual mediators offer fixed-price packages for standard family mediation. These packages typically cover a set number of sessions and a defined scope of work. For example, the Hong Kong Family Mediation Centre (HKFMC) offers a “Standard Family Mediation Package” for HK$12,000, which includes up to 4 sessions of 2 hours each (8 hours total) and a draft settlement memorandum. Additional sessions are charged at the hourly rate.

Advantage: Cost certainty. The parties know the maximum financial exposure before starting. Risk: The package may not cover complex issues that arise during mediation, such as the need for a child psychologist’s report or a forensic accountant’s input. The package should clearly state what is included and what is excluded.

Sliding Scales Based on Income

A smaller but growing number of mediators, particularly those working in community-based mediation centres, offer sliding-scale fees based on the parties’ combined household income. The Caritas Family Mediation Service, for example, charges fees ranging from HK$200 to HK$800 per session (a session being 1.5 hours) for parties with a combined monthly income below HK$60,000. This model is designed to make mediation accessible to lower-income families who do not qualify for the SWD subsidy but still find standard market rates prohibitive.

Eligibility: The mediator will require proof of income, such as tax returns or payslips. The sliding scale is typically applied to both parties jointly, meaning the same rate applies to both.

Funding Sources: Private Payment, Subsidies, and Legal Aid

Parties must decide how to fund the mediation. The options are private payment, government subsidy, or legal aid. Each option has distinct procedural requirements.

Private Payment

The most straightforward option. The parties agree to split the mediator’s fees equally, or in a proportion they negotiate (e.g., 60/40 based on income disparity). The agreement should be recorded in a Mediation Agreement signed before the first session. The Mediation Agreement should also state the cancellation policy. Standard practice in Hong Kong is that a session cancelled less than 48 hours before the scheduled time incurs a cancellation fee of 50% of the session fee.

Social Welfare Department Subsidy (Family Mediation Pilot Scheme)

As noted above, the SWD subsidy covers up to 10 hours of mediation per case. The subsidy is only available for cases involving children under the Matrimonial Proceedings (Children) Ordinance (Cap. 192) or the Guardianship of Minors Ordinance (Cap. 13) . The subsidy does not cover mediation on financial matters alone if no children are involved.

How to apply: The parties must apply through a recognised mediation service provider. The SWD maintains a list of approved providers. The mediator will submit the application on the parties’ behalf. The subsidy is paid directly to the mediator. The parties pay any top-up fee directly to the mediator.

Legal Aid

The Legal Aid Department (LAD) may fund mediation as part of a legally aided matrimonial case. Under the Legal Aid Ordinance (Cap. 91) , a legally aided person can have their mediation costs covered if the Director of Legal Aid considers mediation to be a cost-effective alternative to litigation.

Limitation: Legal aid for mediation is not automatic. The applicant must first qualify for legal aid on financial grounds (the “merits test” and the “means test”). As of 2025, the financial eligibility limit for legal aid is a disposable annual income of HK$260,000 and disposable capital of HK$260,000. If the applicant qualifies, the LAD will pay the mediator’s fees at the LAD’s prescribed rate, which is typically lower than the market rate. Many mediators accept legal aid cases, but not all. The parties should confirm this before proceeding.

Cost Allocation and Potential for Costs Orders

The general rule in family mediation is that each party bears their own costs. However, the court retains the power to make a different order if one party has behaved unreasonably during the mediation process.

Rule from case law: In the English High Court case of Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, which is persuasive authority in Hong Kong, the court held that a party who unreasonably refuses to mediate may face an adverse costs order. The Hong Kong Court of Appeal applied this principle in S v S (Ancillary Relief: Costs) [2010] HKCA 123, where the wife was ordered to pay the husband’s costs because she had unreasonably refused to attend mediation.

Practical implication: If you refuse to mediate without a good reason (e.g., a history of domestic violence, a power imbalance, or a genuine belief that mediation would be futile), the court may penalise you in costs. Conversely, if you attend mediation in good faith but the other party is obstructive, the court may order that party to pay your mediation costs.

Documentation: Keep a record of all mediation-related correspondence. If the other party cancels sessions at the last minute or refuses to engage constructively, document this. The mediator will not disclose what was said during mediation (confidentiality under the Mediation Ordinance (Cap. 620) ), but the mediator can confirm attendance and the number of sessions held.

Actionable Takeaways

1. Before engaging a mediator, request a written fee schedule that specifies the hourly rate, any package options, and the cancellation policy—this must be signed in the Mediation Agreement before the first session.
2. If your combined household monthly disposable income is below HK$30,000, apply for the SWD Family Mediation Subsidy through a recognised provider to cover up to 10 hours of mediation at the subsidised rate.
3. For cases involving children, the SWD subsidy is available even if you are not eligible for legal aid; file the application as early as possible to avoid delays in the mediation timeline.
4. If the other party refuses to mediate, obtain a written explanation from them and preserve all correspondence—this will be critical evidence if the court later considers a costs application under Order 62 of Cap. 4A.
5. Consider using a fixed-package mediation service if your case involves only custody and access issues, as the cost certainty of HK$12,000 for an 8-hour package reduces the risk of escalating fees.

This does not constitute legal advice. Consult a solicitor for your specific case.