How Court or Legislation Mandated Mediations are Conducted in Hong Kong

Authors

  • Dr Christopher To City University of Hong Kong

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART02

Author Biography

Dr Christopher To, City University of Hong Kong

Barrister-at-law at Gilt Chambers, specialising in dispute resolution, and the Programme Director of the LLM in Arbitration and Dispute Resolution at the City University of Hong Kong. He is also a chartered arbitrator, certified adjudicator and accredited mediator, chartered engineer, chartered information technology professional, and adjunct law professor. Christopher also sits on various leading global alternative dispute resolution bodies such as the Chairperson of the Hong Kong Mediation Council, Chairperson of Construction Dispute Resolution Committee of the Hong Kong Institution of Engineers and Member of the Securities and Futures Appeals Tribunal. Notably, he was previously the Secretary-General of the Hong Kong International Arbitration Centre (1998 to 2008). This article was written with the assistance of Mr. Anthony Wong, a pupil barrister at Gilt Chambers.

References

Case law

LLC v LMWA [2019] 2 HKLRD 529.

Legislation

Rules of the District Court (Cap.336H).

Rules of the High Court (Cap.4A).

Practice Directions

Practice Direction 5.2.

Practice Direction 14.3.

Practice Direction 15.10.

Practice Direction 15.11.

Practice Direction 15.13.

Practice Direction 31 (superseded version) dated 12 February 2009.

Practice Direction 31 dated 14 August 2014.

Publications

LEUNG, Allan; CLARK, Douglas. Civil Litigation in Hong Kong. 5th. ed. Mytholmroyd: Sweet & Maxwell, 2017.

BRAGANÇA, Fernanda; Netto, Fernando G. M. O protocolo familiar e a mediação: instrumentos de prevenção de conflitos nas empresas familiares. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 3, p. 217-230, 2020.

DEPARTMENT OF JUSTICE OF THE GOVERNMENT OF THE HONG KONG (Special Administrative Region). Report of the Working Group on Mediation, 2010.

FARIAS, Bianca O. Mediação de conflitos em ambientes educacionais: um horizonte com novas perspectivas. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 3, p. 157-194, 2020.

FERREIRA, Daniel B; SEVERO, Luciana. Multiparty Mediation as Solution for Urban Conflicts: A case analysis from Brazil. BRICS Law Journal, v. VIII, n. 3, p. 5-29, 2021. DOI: https://doi.org/10.21684/2412-2343-2021-8-3-5-29.

HONG KONG BAR ASSOCIATION. The Code of Conduct of the Bar of the Hong Kong Special Administrative Region.

KO, Justin. Guidance Note for Case Settlement Conference in Civil Cases in the District Court dated 16 December 2022.

HEWITT, Philippa. Family Law and Practice in Hong Kong. 3rd. ed. Mytholmroyd: Sweet & Maxwell, 2018.

SUMMARY of Mediation Reports filed in the Court of First Instance in 2021. Retrieved from https://mediation.Judiciary.hk/en/doc/2021_CFI_EN.pdf.

SUMMARY of Mediation Reports filed in the District Court in 2021. Retrieved from https://mediation.Judiciary.hk/en/doc/2021_DC_EN.pdf.

THE LAW SOCIETY OF HONG KONG. The Hong Kong Solicitor’s Guide to Professional Conduct.

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Published

2023-12-28

Issue

Vol. 5 No. 9 (2023): Jan./Jun.

Section

Artigos

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