Herbert Smith Freehills' Hong Kong dispute resolution team has launched its first ADR in Asia Guide, featuring a spotlight on mediation in Hong Kong. In particular, the Guide includes the results of our recent client research on how international corporates use mediation in Hong Kong.
If you would like an electronic copy of our Guide, please email asia.publications@hsf.com.
The Guide:
- summarises seven ADR processes and their use in Asia
- contains a practical guide to help you get the most out of mediation (with an emphasis on the procedures in Hong Kong)
- summarises the outputs of our recent client research to enable organisations to benchmark themselves against their peers when assessing their dispute resolution options
Our research involved around 100 clients and contacts being surveyed through direct interviews and through voting via a bespoke iPad app at an interactive event convened on 29 January 2015. The research comes 5 years exactly since mediation was put at the heart of Hong Kong's litigation landscape by Practice Direction 31 (PD 31), which effectively introduces a 'mediation step' into civil litigation proceedings in Hong Kong.
The research indicates that mediation remains under-utilised in practice, despite being widely supported and recognised as having the potential to resolve disputes in a quick, cheap and confidential way. Many clients see mediation undertaken without any real intention to settle, simply to comply with PD 31 and move on with the litigation. This is a missed opportunity to front-end the settlement of disputes. Whether you litigate, arbitrate, or have never yet been embroiled in a formal dispute, our commercially-focused Guide will assist you to deploy mediation more effectively in the resolution of your disputes.
Read more about our client research in our Hong Kong Dispute Resolution e-bulletin.
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