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New Arrival Mediation in Hong Kong: Law and Practice, 2nd Edition

Mediation in Hong Kong: Law and Practice, 2nd Edition

  • Author:
  • Publisher: Wolters Kluwer (HK) (formerly CCH)
  • ISBN: 9789887935636
  • Published In: August 2022
  • Format: Paperback , 700 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,380.00

HKD 1,242.00 Save HKD 138.00 (10%)

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  • Description 
  • Contents 
  • Author 
  • Details

    Mediation in Hong Kong: Law & Practice (2nd Edition) is written from a practitioner’s perspective and focuses on the law and practice within the jurisdiction of Hong Kong. The book covers a wide range of topics from the principles of mediation, development of mediation, and the law governing mediation to the more practical aspects including pre-mediation process, advocacy in mediation, techniques in mediation, and drafting settlement agreements. The book also covers a variety of industry specific areas such as labour, family, construction industry, insurance, medical, and dental. This book is a must for those who wish to learn about the law and practice of mediation within the Hong Kong context.

    Mediation in Hong Kong: Law & (Practice 2nd Edition) attempts to facilitate a deeper understanding of the subject and serves as a one-stop reference guide to those contemplating the use of mediation to resolve their disputes on-hand and in the future while at the same time serving as a comprehensive guide for practitioners to understand what the process can realistically achieve and not achieve within the confines of parameters established by disputing parties, the legal regime, the process, the procedure and above all the governing policies that play a pivotal role in shaping the framework of mediation practice. This book will give them practical tips from experienced mediators and it touches different subject matters, such as family, construction, banking and finance industry. It will be different from the products available in the market.

    Mediation in Hong Kong: Law & Practice (2nd Edition) provides a comprehensive overview of the historic background, legislative framework, and procedures of mediation within the Hong Kong context. It offers insight into various mediation mechanisms specific to different industries, such as construction, banking and finance, insurance, etc. Identifies the skills and requirements for one to qualify as an accredited mediator as well as the potential challenges faced by mediators, advocates, and disputing parties within the mediation setting.

    In this new edition, the most recent case law, legal reports, and policies are included to provide readers with the most up-to-date developments in the field of mediation. It is hoped that this reference book would provide guidance to interested individuals and legal practitioners who are keen on understanding the dynamics and complexities of conducting a mediation from start to finish.

    The cost and time to resolve disputes through traditional dispute resolution means were increasing being challenged by the community. With the introduction of the civil justice reforms (CJR), the landscape of dispute resolution completely changed how disputes were to be managed going forward. Alternative Dispute Resolution (ADR) in lieu of court litigation, became the preferred method in resolving disputes between disputants. Mediation being one of the most common ADR methods employed was gaining popularity in the community. With business transactions becoming increasingly complex in nature, disagreements are bound to happen, as such an effective mechanism to resolve disputes while maintaining ongoing relationships was of paramount importance.

    The rise in the adoption of mediation as a means of dispute resolution compared to other forms of dispute resolution mechanisms boils down to the fact that in mediation one can suggest alternative remedies which the courts of law/arbitration may not be able to grant. The process is flexible and above all confidential, which greatly facilitates settlement. Most mediation processes can be broadly categorised into three stages, namely the investigation stage, exploration stage and problem-solving stage. Throughout these stages, the mediator will assist the parties, who are in control of the process to find options/solutions that they can accept, rather than dwelling on issues of the past. The focus is on the future with the goal of reaching a mutually acceptable settlement that parties can accept.

    Remarks: Student Edition is available for Hong Kong local university students. Please click here if you are student.

    1. The ADR Spectrum
    2. Principles of Mediation
    3. Development of Mediation in Hong Kong
    4. The Law Governing Mediation in Hong Kong
    5. Pre-mediation Process
    6. Practice and Procedure of Mediation
    7. Mediator’s Qualifications and Obligations
    8. Techniques in Mediation
    9. Advocacy in Mediation
    10. Drafting of Settlement Agreement
    11. Confidentiality and Transparency in Mediation
    12. Cross-cultural Mediation
    13. Mediation in Criminal Cases
    14. Family Mediation
    15. Mediation in Labour Disputes
    16. Mediation in Construction Disputes
    17. Mediation in Intellectual Property Disputes
    18. Mediation in the Banking and Finance Industry
    19. Mediation in the Insurance Industry
    20. Mediation of Consumer and Community Disputes
    21. Mediation in Medical and Dental Disputes
    22. Apologies in mediation
    23. Post-mediation Process
    24. Mediation Sample Role Plays
  • Dr. Christopher TO (陶榮博士)

    BEng(Hons), LLB(Hons), LLM, MA, PhD, DEng (Honorary), PCLL, DipCD, FCIArb, FHKIArb, FAMINZ(Arb/Med), FSIArb, FIET, FHKIoD, FHKIE,
    RPE, CEng, CITP, MBCS, HKCS, ARAeS, Barrister-at-law

    Dr. Christopher To is a chartered arbitrator, accredited mediator, adjudicator, adjunct professor, barrister-at-law and listed in over 32 panels of arbitrators, adjudicators, conciliators, mediators and domain name disputes specialist globally. He has arbitrated a variety of international cases involving both ad-hoc and institutional arbitrations. Christopher has mediated many international and domestic cases and is representing clients in cases within the dispute resolution field. In May 2018, Christopher was appointed by the Mayor of Weihai in China to be a member of its International Economic Advisory Council and is a highly sought-after speaker at various conferences domestically and internationally in areas of his expertise. Christopher is an appointment Chairperson of the sub-committee on Mediator Accreditation of the Hong Kong Mediator Accreditation Association Ltd (the body tasked with the accreditation of mediators in Hong Kong) and is a co-Chair of the International Chamber of Commerce Mediation Competition- Hong Kong. He is currently a Committee member of the Chartered Institute of Arbitrators (East Asia Branch) tasked with handling faculty member approvals in the region and training. He is also a member of the Education and Training Committee of the Institute in the UK and is actively contributing his services and time towards the training of future dispute resolution practitioners.

    Christopher has published over 40 articles and 6 books on Arbitration Law, Mediation and Dispute Resolution to date. Other than the legal field, Christopher is actively involved with the Hong Kong Institution of Engineers as a vice-Chairperson of its Construction Dispute Resolution Committee and is the Chairperson of the Hong Kong Institute of Directors. He is an Adjunct Professor at the University of Hong Kong and City University of Hong Kong as well as being the Programme Director of the Masters in Law in Arbitration and Dispute Resolution at City University of Hong Kong.

    As former Secretary-General of the Hong Kong International Arbitration Centre, Dr. To managed to elevate Hong Kong’s status as the regional dispute resolution hub of Asia. Christopher has won many prestigious awards to date including in 2001 the Director of the Year by the Hong Kong Institute of Directors; in 2007 the Young Global Leader by the World Economic Forum; in 2014 the Alumni of the Year award and Honorary Doctorate Degree in Engineering by his Alma Mater; listed in the Who’s Who of Mediators from inception to now; listed in the Who’s Who of Arbitrators; in 2019 Top Ten Mediators in the Asia Pacific Region by the Bali International Arbitration and Mediation Centre and in 2019 appointed as the Honorary President of the Hong Kong Institute of Construction Adjudicators.


    Sala Sihombing

    LLB (Hons) Bristol, LLM Pepperdine, Graduate Diploma in FDR

    Sala originally qualified in England and Wales as a solicitor in 1995, and on her return to Hong Kong qualified as a solicitor in 1996. On qualification in Hong Kong, Sala worked as a criminal and civil litigator at a local Hong Kong firm. She then worked as in-house legal counsel at an Asian and a French investment bank. From 2000 to 2011, Sala worked in Institutional Equity at Morgan Stanley.

    Sala runs her own mediation practice and teaches financial dispute resolution and co-teaches family mediation as an adjunct lecturer in the LLM ADR programme at the University of Hong Kong.

    Sala is an accredited family and general mediator (HKIAC and HKMAAL) in Hong Kong, NMAS (Aus) and on the FINRA mediation panel. Sala is also on the HKIAC’s Panel of Arbitrators for Financial Services Disputes.


    Dr. James Shing Ping CHIU (趙承平醫生)

    MB,BS (HK), FCSHK (HK), FHKAM (Surgery), Specialist in General Surgery, LL.B. (Hons) Lond.

    Dr. James Chiu is a mentor mediator and collaborative practitioner. He is the founder of JC Professional Dispute Resolution Centre and has been conducting mediation since 2006. James was appointed the first Adjunct Assistant Professor in mediation courses of the Chinese University of Hong Kong in 2010, and is an Hon Clinical Assistant Professor of the
    University of Hong Kong.

    Dr. Chiu is a member of the Regulatory Framework & Accreditation Sub-committee under the Steering Committee on Mediation of the Department of Justice, a member of the Working Party on Review of the HK Mediation Code of the HK Mediation Accreditation Association Ltd (HKMAAL), and a member of the Evaluative Mediation Working Group of the HK Mediation Council. He is an Assessor, recognised Lead Trainer and coach of HKMAAL-accredited mediation courses and also an Honorary Advisor of HK Society for Healthcare Mediators. James was a Member of the Working Group on Apology Legislation, an ExCom member of the HK Mediation Council, an Assessor in general mediation of the HK Academy of Law, HK International Arbitration Centre, and HK Mediation Centre.

    Dr. Chiu co-authored the “Hong Kong Apology Ordinance (Cap. 631) Commentary & Annotations”. He has published many articles and book chapters and has chaired or spoken in 100 meetings on mediation, negotiation, apologies and medico-legal issues, in English and Chinese, both in Hong Kong and abroad. James is listed in Who’s Who in the World, initially in the Healthcare Profession and, since 2013, in the Law Profession. He is also a member of International Network for Law and Apology Researchers (INLAR).

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