In an interesting case from Hong Kong, Gao Haiyan And Another v. Keeneye Holdings Ltd And Another [2011] HKCA 459; CACV79/2011 (2 December 2011)the Hong Kong Court of Appeal has recognised the importance of cultural differences and practice in the course of a mediation. The decision was about enforcement of an arbitral award in Hong Kong, and the High Court had declined to enforce the award, holding that the award was tainted by bias. the Court of Appeal overturned this and discussed the cultural differences between mediation in the English common law jurisdiction of Hong Kong and different ways of mediating in the PRC and in particular said
“With respect, although one might share the learned Judge's unease about the way in which the mediation was conducted because mediation is normally conducted differently in Hong Kong, whether that would give rise to an apprehension of apparent bias, may depend also on an understanding of how mediation is normally conducted in the place where it was conducted. In this context, I believe due weight must be given to the decision of the Xian Court refusing to set aside the Award”
So we are reminded that cultural differences must be taken into account in the way a mediation is conducted. For the Ombudsman, dealing with so may cultures, I must always be aware of this and alert to the consequences.