Details
"No other legal development in Hong Kong in recent years has attracted so much widespread interest ... as mediation. This handbook is the only one to deal with such an important topic in such depth and breadth … the provisions of real cases and examples are particularly illuminating … [an] excellent work".
Mr Huen Wong, President of the Law Society Hong Kong.
“an authoritative, comprehensive and ‘user-friendly guide’ ... at once scholarly and practical”
The Hon Sir Laurence Street, Ex-CJ of the Supreme Court, New South Wales, Australia, Foreword.
”This book comes at a particularly welcome time ... mediation is the ‘hot topic’ of the moment”.
Mr Russell Coleman SC, Chairman of the Bar
In recent years mediation in Hong Kong has attracted widespread interest.
Following the Practice Direction on 31st January 2010 mediation will be at the forefront of all dispute resolution and litigation. Parties that do not resort to mediation may face adverse cost consequences. Even where the mediation is not successful it is likely to have had the positive effect of reducing the conflict and the issues between the parties.
Features
- The only comprehensive book on mediation in Hong Kong
- Outlines the important process of mediation, including the legal aspect
- Helps the reader to develop highly complex and technical skills with background methodology so that readers can start to put these skills into practice
- Includes chapters on specialist mediation such as construction disputes, shareholders’ disputes and financial products disputes.
- Extensive real life case studies
- Authoritative author team using the experience of reputable mediators
- Essential for solicitors and barristers and in house counsel as well as professionals including architects, contractors, quantity surveyors, engineers, social workers and human resources personnel.
Remarks: This book is special that “Student Edition” is NOT available for sale in our shop. Students please check with your school or teacher for details.
1 Introduction
2 Definition of Conflict & Dispute
3 Definition of Mediation & Comparison with other ADRs
4 History of Mediation
5 Approaches to Mediation
6 Resources to Mediation
7 Process and Stages of Mediation
8 Mediation Skills
9 Psychology and Behaviour of Mediation
10 Legal Implication of Mediation
11 Civil Justice Reform & Practice Direction
12 Family Mediation
a. Divorce
b. Family Property & Estate Disputes
c. Family Relationship and Elderly Disputes
13 Criminal Offence Related Disputes
a. Victim Offender Mediation
b. Traffic Disputes
14 Application of mediation to various types of Disputes
a. Business Related Disputes
b. Consumer/Business Disputes
c. Labour & Employment Disputes
d. Community Disputes
e. Land Disputes
f. Work Related Personal Injuries Disputes
g. School Disputes
h. Healthcare Disputes
i. Public International Disputes
15 Problems with Mediation
16 Future Development of Mediation
17 List of References
18 List of Documents
General Editor: Dr Raymond H M Leung
AUTHOR TEAM: Cecilia Kit Wah Wong, Beatrice Kit May Hung, Annita Siu-kwan Mau, Yeung Yin Lam, Keswick Chuk, Allen Lam, Paul Starr, Lily Ma, Wilson Kwan..
When one opens the book one realises that this book is the work of many very experienced people. As explained by Dr Leung himself in the preface, the book is intended to be brief and concise, but it can also be used as a textbook for a mediation course.
This book is another book of two parts. The first covers the various principles that underlie or apply to mediation. The second part seeks to apply those principles to different types of disputes. The book comprises a series of chapters each of which is written by one of the contributors. As remarked by Sir Laurence Street in his foreword, it is a collection of articles by experienced Hong Kong mediation practitioners. This is interesting because the reader benefits from the insights of mediators with a very wide range of backgrounds, from engineering and construction (an industry which has a long history of mediation in Hong Kong) through to family law specialists, psychologists and criminologists.
As one would expect with this range of authors, each chapter varies in style. Some are drier than others, but that is, in fairness, a reflection of the topic rather than the author. Other chapters are quite fascinating, and one is sometimes left wishing that the book was not so ‘brief and concise’. For those readers who are not Chinese there is useful guidance on the Chinese cultural response to mediation and different negotiating techniques.
Where the book is truly useful, however, is in the latter half where it contains numerous detailed case studies dealing with specific types of mediation, or rather mediation in specific genres of conflict such as divorce, family property, victim/offender, employment, construction and business disputes. Each case study includes an analysis of the approach taken by the mediator and considers why the techniques used may or may not have been useful. This part of the book is of obvious use to beginner mediators, and also those with considerable experience. If you are mediating in Hong Kong, this book should probably be on your shelf...
Susan Macnaughton
Consultant
Gall
December 2010 - Hong Kong Lawyer (Journal)
