A policy incorporating mediation clauses in government contracts came into effect today.

The Department of Justice (DoJ) explained that the clauses outline that contract parties agree to use mediation to resolve disputes first before resorting to arbitration or litigation.

In addition, the DoJ today promulgated “The Government of the Hong Kong Special Administrative Region Mediation Rules (2025 Edition)”. It stressed that these shall not affect the operation of “The Government of the Hong Kong Special Administrative Region Construction Mediation Rules (1999 Edition)”.

The implementation of mediation clauses follows the issuance of a Policy Statement on the Incorporation of Mediation Clauses in Government Contracts on November 6 last year.

The DoJ said it anticipates that private organisations will make reference to and adopt similar mediation clauses in their own contracts, thereby deepening a “mediate first” culture.