ADR in Asia: Spotlight on mediation in Hong Kong
Herbert Smith Freehills' Hong Kong dispute resolution team (led by Julian Copeman, May Tai, Gareth Thomas, and Anita Phillips) has surveyed around 100 clients and contacts on their use of mediation as a dispute resolution tool in Hong Kong. Through direct interviews and voting via a bespoke iPad app, we have gained valuable insights on how international corporates use mediation in Hong Kong. Our 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.
In our Guide, we reveal 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. The Guide is of relevance to all organisations, particularly those facing disputes in Hong Kong.
Our ADR in Asia 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 client research to enable organisations to benchmark themselves against their peers when assessing their dispute resolution options
If you would like an electronic copy of our Guide, please email asia.publications@hsf.com.
To read more about our client research and voting by delegates at our recent launch event, please read our e-bulletin dated 11 February 2015.
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.