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ABSTRACT

THE DISSERTATION IS ABOUT THE STUDY ON THE USAGE OF MEDIATION AS THE DISPUTE MECHANISM ON THE CROSS-BORDER FAMILY DISPUTE ISSUE IN THE GUANGDONG -HONG KONG- MACAU GREATER BAY AREA THROUGH A COMPARATIVE LAW ASPECTS. UNDER THE BACKGROUND OF THE COUNTRY’S POLICY IN INTEGRATING THE CITIZENS OF THE TWO SARS INTO CHINA. THE CITIZENS OF DIFFERENT PROVINCES IN PRC AND THE TWO SARS HAVE FREQUENT CONTACT SUCH AS IN BUSINESS, IN PERSONAL AFFAIRS AND SO ON, THE MORE THE CONTACT THE MORE THE POSSIBILITY DISPUTES WILL ARISE. WITH THREE DIFFERENT JURISDICTIONS AND THE BACKLOGS FROM THE COURTS, TO FIND OUT THE POSSIBILITY OF USING ANOTHER DISPUTE RESOLUTION IS ESSENTIAL. THE STUDY FOUND OUT THE PERSPECTIVES OF THE DISPUTED / LITIGATED PARTIES, COURTS AND LEGAL PRACTITIONERS IN USAGE OF MEDIATION, THE NATURE OF MEDIATION IN USE IN GBA AND THE STRENGTHS AND LIMITATIONS ON THE USAGE OF MEDIATION. THIS RESEARCH USED A MIXED METHODS INCLUDING DOCTRINAL LEGAL RESEARCH, COMPARATIVE LEGAL RESEARCH METHOD AND EMPIRICAL LEGAL RESEARCH METHOD. IT RESULT FROM THE FINDING THAT THOUGH THERE IS NO SPECIALIZED LEGISLATION IN USAGE OF MEDIATION IN MACAU SAR, THERE IS PRACTICE IN USAGE OF FAMILY MEDIATION. BESIDES THAT THE JUDICIAL MEDIATION IN PRC IS NOT THE MEDIATION WE DEFINED IN THE LITERATURE REVIEW, THUS IT IS THE CONCILIATION. WHETHER THE RECENT DEVELOPMENT IN HONG KONG SAR ON THE PROCEDURES M-FDR AND M-CDR ARE IN CONFLICT WITH THE FACILITATIVE MEDIATION WHICH HAS ALL ALONG BEEN PRACTICED IN HONG KONG SAR. IN CONCLUSION, THE PERSPECTIVES IN USAGE OF MEDIATION IN PRC AND HONG KONG SAR ARE HIGHER THAN MACAU SAR AND THE NATURE OF MEDIATION IN USAGE ARE DIFFERENT IN THE THREE JURISDICTIONS. LASTLY, IN THE DISSERTATION PROVIDED SOME REFLECTIONS ON THE DEVELOPMENT OF FAMILY MEDIATION MECHANISM IN MACAU SAR AND HOW TO MERGE THE DIFFERENT NATURES OF MEDIATION IN GBA