header-logo header-logo

No hidden dragon

14 December 2012 / Danny Mcfadden
Issue: 7542 / Categories: Features , Procedure & practice , ADR
printer mail-detail

Danny McFadden on the increasing popularity of mediation in Hong Kong

A recent global survey of general counsel has found that nearly half of respondents believe that mediation will grow significantly ahead of litigation in the Asia Pacific region, with Hong Kong uniquely placed at the forefront of that trend.

Possibly not surprising given that, in June 2012, Hong Kong enshrined mediation’s status in law—the Mediation Ordinance—meaning that in Hong Kong, mediation is regulated by statute. This marks a departure from mediation practice in many other jurisdictions, where regulation is less formal and remains within the scope of the industry, rather than drawing on the instruments of government. The Mediation Ordinance formalises aspects of the process, such as the confidentiality of mediation communications, but also seems to fulfil a “signalling” process. The ordinance speaks to international disputants, offering reassurance that Hong Kong offers a fair and open theatre to those seeking mediation there.

There are three main reasons why the use of mediation has grown so enthusiastically in Hong Kong;

  • It is part of
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll