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Butterworths Hong Kong Mediation Practical Guide

Butterworths Hong Kong Mediation Practical Guide

Author: Ken C To
Publisher: LexisNexis Hong Kong
ISBN: 9789888054404
Published In: September 2010
Format: Hardback , 370 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Butterworths Hong Kong Mediation Practical Guide provides a timely reference to both legal and non-legal practitioners on both the practical and legal aspects of mediation in Hong Kong. This book takes into account the important procedural and legal issues relating to mediation, and provides comprehensive guidance to the practical steps involved from the commencement to the concluding of the substantive mediation. Focus is placed on the practical and legal aspects of Hong Kong mediation, including Practice Direction 31, mediation rules and codes of the CEDR, HKIAC and HKMC as well as the proposed code by the Department of Justice. Cases on the issues relating to confidentiality, without prejudice and privileged communication, and mediation costs are also discussed. This book provides a breath of coverage to be of interest to practitioners, whilst being accessible to students and newcomers to mediation.

l Introduction

l Development of Mediation in Hong Kong

l Mediation Institutions in Hong Kong

l Medication Codes and Procedures (I): Mediation

l Medication Codes and Procedures (II): Issues arising from Mediation

l Practice Direction 31 on Mediation

l Pre-Mediation Process

l Mediation Process

l Termination & Post-Mediation Process

l Appendix

n Model Agreements, Model Procedures and Codes of Conduct

n Accreditation

n Practice Directions

Ken C To is a practicing barrister-at-law in Hong Kong and an accredited mediator of the CEDR, HKIAC and HKMC. He has mediated cases for Hong Kong Stock Exchange Main Board Listed Companies, New York Stock Exchange Listed Companies, local and overseas private companies, social & religious organizations and individuals on companies, section 168A shareholder disputes, commercial, trust, restitution, employment, intellectual property, torts, land, conveyancing, adverse possession, tenancy, building management and construction matters.

He has mediated cases in English, Mandarin and Cantonese.

If you are a legal practitioner and new to mediation then Ken To’s book is probably a good place to start. It provides a concise brief on the most important aspects of mediation, the process, the bodies involved in mediation in Hong Kong and what to do if you find yourself representing a client whose dispute is going to mediation. The title says it is a practical guide and that is exactly what it is. The approach of the book is perhaps too general for it to be of much interest to someone practising as a mediator because it covers much the same ground as mediation training courses. If I had a criticism of the book it would be the prominence it gives to the Centre for Effective Dispute Resolution (CEDR). Whilst in no way wishing to denigrate the valuable contribution which CEDR has made to the development of mediation in Hong Kong, it is after all not a Hong Kong institution and the book perhaps is a little misleading in the way that CEDR is presented...

Susan Macnaughton
Consultant
Gall

December 2010 - Hong Kong Lawyer (Journal)