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Mediation in Hong Kong: Law and Practice

Mediation in Hong Kong: Law and Practice

  • Author:
  • Publisher: Wolters Kluwer (HK) (formerly CCH)
  • ISBN: 9789881221629
  • Published In: July 2014
  • Format: Paperback , 640 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,050.00

HKD 1,018.50 Save HKD 31.50 (3%)

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  • Description 
  • Contents 
  • Author 
  • Details

    The growing importance of alternative dispute resolution and people’s appetite for resolving their disputes in an amicable and private setting have created an atmosphere of wanting to learn about the subject especially the technique of mediation.

    There are many books written about mediation theory and practice, which focus on general aspects rather than specific areas.

    This book 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 has experienced remarkable progress in the past few years.

    It all began when the then Chief Executive in his 2007 Policy Address announced the need to develop Hong Kong as an international dispute resolution centre with particular emphasis on arbitration and mediation.

    Since then mediation has gained momentum and is now widely used within the Hong Kong community. Despite this, authoritative guidance on the subject within the context of Hong Kong falls behind that of other overseas jurisdictions. This publication hopes to address the quest for knowledge with the ultimate goal of applying theory into actual practice, so that those who have a desire to pursue a career or merely to understand the inner workings of mediation in Hong Kong can benefit from the wisdoms contained within the publication.

    This is a book which has both the theory and the practical sides of mediation process in HK.

    This publication 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.

     

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


  • Chapter 1 Alternative Dispute Resolution ?the Spectrum
    Chapter 2 Principles of Mediation
    Chapter 3 Developments of Mediation in Hong Kong
    Chapter 4 The Law Governing Mediation in Hong Kong
    Chapter 5 Pre-Mediation Process
    Chapter 6 Practice and Procedure
    Chapter 7 Mediator Qualifications and Obligations
    Chapter 8 Techniques in Mediation
    Chapter 9 Advocacy in Mediation
    Chapter 10 Drafting Mediation Settlement Agreements
    Chapter 11 Confidentiality versus Transparency
    Chapter 12 Cross-Cultural Mediation
    Chapter 13 Mediation in Criminal Cases
    Chapter 14 Mediation in Family Disputes
    Chapter 15 Mediation in Labour Disputes
    Chapter 16 Mediation in the Construction Industry
    Chapter 17 Mediation in the Banking and Financial Industry
    Chapter 18 Mediation in the Insurance Industry
    Chapter 19 Mediation in Consumer and Community Disputes
    Chapter 20 Mediation in Medical and Dental Disputes
    Chapter 21 Sample Mediation Scenarios
    Chapter 22 Post-Mediation Process

  • SALA SIHOMBING, LLB(Hons) Bristol, LLM Pepperdine, MCIArb
    Founder of Conflict Change Consulting Ltd. Admitted solicitor England & Wales (1995) and Hong Kong (1996). Accredited mediator of
    HKIAC, HKMAAL, & FINRA. Adjunct Associate Professor of The University of Hong Kong teaching financial dispute resolution.

    CHRISTOPHER TO, LLB (Hons), BENG (Hons), LLM, MA, PCLL
    Independent arbitrator and mediator. Adjunct Professor, City University of Hong Kong, The University of Hong Kong and The Hong Kong Polytechnic University. Programme leader of the City University of Hong Kong Masters in Law in Arbitration and Dispute Resolution; Chartered Arbitrator and Accredited Mediator. Former Secretary-General of the Hong Kong International Arbitration Centre.

    Dr. JAMES S.P. CHIU, LLB (Hons) London
    Founder of JC Professional Mediation Practice. Accredited mediator, assessor & trainer. Hon. Clinical Assistant Professor of the University of Hong Kong & Former Adjunct Assistant Professor in mediation courses of the Chinese University of Hong Kong.

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