CULTURE, DIVORCE, AND FAMILY MEDIATION IN HONG KONG

• Date: 01 January 2005
• DOI: http://doi.org/10.1111/j.1744-1617.2005.00011.x
• Published date: 01 January 2005
• Author: Patricia L. Sullivan

FAMILY COURT REVIEW, Vol. 43 No. 1, January 2005 109–123

© 2005 Association of Family and Conciliation Courts

Blackwell Publishing, Ltd.Oxford, UKFCREFamily Court Review1531-2445© Association of Family and Conciliation Courts, 2004431Original Article

Sullivan / CULTURE, DIVORCE, AND FAMILY MEDIATION IN HONG KONG

FAMILY COURT REVIEW

CULTURE, DIVORCE, AND

FAMILY MEDIATION

IN HONG KONG

Patricia L. Sullivan

University of Hong Kong Hong Kong, China Abstract

Over the past three decades, Hong Kong has witnessed unprecedented economic prosperity, a decrease in

family solidarity, an increase in social problems, and a dramatic rise in the incidence of divorce. Under

colonial rule for 150 years, which ended with the return of sovereignty to China in 1997, the identity of the

Hong Kong Chinese is a combination of traditional Chinese and modern Western culture. Despite Western

influences, Chinese cultural heritage remains the major source of influence in all aspects of life. This article

presents a summary of traditional Chinese culture, characteristics of contemporary Hong Kong society, factors

believed to influence the high divorce rate, and the impact of divorce on Hong Kong families. The development,

use, acceptability, and effectiveness of mediation in Hong Kong is reviewed, and suggestions for adapting it

to Chinese families are proposed. Direction for future development of mediation in Hong Kong focuses on the

need for further research to develop a scientifically sound knowledge base that will help to inform culturally

competent mediation practice.

Keywords:

Chinese culture

;

divorce

;

family mediation

;

cultural competence

The soaring rate of divorce in Hong Kong, and the resulting large numbers of single

mothers needing social welfare, prompted the introduction of mediation as an alternative

to the adversarial system to reduce conflict among divorcing couples and encourage

responsible and cooperative postdivorce parenting. From 1972 to 2003 the divorce rate in

Hong Kong has increased from 0.13 to 2.41 per 1,000 (Judiciary of the Hong Kong

Special Administrative Region, 2004); and between 1991 and 2001, the number of single-

parents, and children from single-parent families, rose by 70% and 55%, respectively, with

separation/divorce reported as the major cause (Census and Statistics Department, 2001).

Proponents’ support for the introduction of mediation stemmed from research reports of

its effectiveness with families in the United States, the United Kingdom, Canada, and

Australia. Skeptics have cited “traditional cultural beliefs” as the reason that it would not

be accepted locally.

This article describes the relationship between culture, divorce, and family mediation in

Hong Kong. The first section summarizes the traditional beliefs and values of the Chinese

culture, characteristics of contemporary Hong Kong society, factors believed to influence

the divorce rate, and the impact of divorce on Hong Kong families. The second section

focuses on the development, use, acceptability, and effectiveness of mediation as an

intervention for divorcing Hong Kong families, with a discussion of the ways mediation

processes may be adapted to provide Chinese families with a culturally sensitive service.

Finally, directions for the future development of mediation, to contribute to a scientifically

sound knowledge base that will inform culturally competent practice with Chinese families,

will be described.