Hong Kong Collaborative Practice

In some countries, such as Australia, changes have been made to the family law system to encourage parents to develop cooperative parenting solutions without going to court; unless otherwise exempt, the Family Law Act 1975 requires parents to obtain a certificate from a registered family dispute resolution practitioner before filing an application for an order in relation to a child. 

In March 2024, the Hong Kong Judiciary launched a new pilot scheme called the Family Court-annexed Mediation Scheme (FCMAS), to run for a period of two years. The scheme plans to assist parties effectively settle their disputes in a timely manner by adopting a collaborative approach among Judges/Masters in the Family Court, the Integrated Mediation Office (IMO) and family mediators at the court premises. However, there is another way for divorcing parents to maintain a sense of security and a high degree of self-determination, while avoiding court altogether. 

Collaborative Practice is a structured process designed to assist couples, who have decided to separate or divorce, towards a resolution of all issues without the need for court hearings. The distinguishing feature of this voluntary process is that the couple, their lawyers and other family professionals who work with the couple to resolve their differences on all important and relevant issues, sign a Participation Agreement recording their common understanding that they will not resolve the couple’s disputes in court proceedings. If they do revert to court proceedings at any stage, their lawyers and other professionals in the collaborative process are automatically disqualified from assisting them any further and by having this consensus, a more amicable environment for negotiation is created. The lawyers involved are also settlement-focused and aim to assist the parties achieve a constructive, realistic and tailored solution, which the couple ultimately respects due to the sense of ownership in the decision-making process. 

Dr. Craigen is a proud member of the Hong Kong Collaborative Practice Group (HKCPG). For more information about Collaborative Practice or to find a qualified mental health, financial, and/or legal collaborative practitioner, please visit:

HKCPG Website