header-logo header-logo

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

No hidden dragon

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll