The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
The mediation guide for Hong Kong is presented in a Q&A format. The questions are set out below. The guide can be accessed here:
2019 GTDT Mediation—Hong Kong
The guide answers the following questions:
1. Is there any legal definition in your jurisdiction (and, if not, common understanding as to the meaning) of the terms ‘ADR’, ‘conciliation’ and ‘mediation’?
2. What is the history of commercial mediation in your jurisdiction? And which mediation models are practised (facilitative, transformative, evaluative, etc)?
3. Are there any domestic laws specifically governing mediation and its practice? (Give details. Is the law based on the UN Model Law on International Commercial Conciliation? EU Member Sates only: Describe any noteworthy features of the transposition of Directive 2008/52/EC, the EU Mediation into national law.)
4. Is your state expected to sign and ratify the UN Convention on International Settlement Agreements Resulting from Mediation when it comes into force?
5. To what extent, and how, is mediation encouraged in your jurisdiction?
6. Are there any sanctions if a party to a dispute proposes mediati
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