Mediation Theory and Practice in Hong Kong

Author: Sarah Hilmer
Publisher: LexisNexis Hong Kong
ISBN: 9789888054459
Published In: September 2010
Format: Paperback
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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The objective of Mediation Theory and Practice in Hong Kong is firstly, to provide sufficient mediation theory; and secondly, to use the theory in context of local Hong Kong mediation practice. The foundation of this book is the theory of mediation and the different stages of a mediation process; and will discuss each stage's importance and function. While the theory mainly reflects the parties' and mediator's perspectives, the practical part of the book mainly refers to the lawyers' involvement in a mediation process. References will be made to Practice Directions, relevant Civil Procedure Rules, relevant case law and necessary agreements relevant to a mediation process.

"The discussion of theory has general validity in all jurisdictions where mediation is taught and practiced. And the bridging of theory across to the structure of practice in Hong Kong serves both to educate the theory and to present the requirements of practice in a form which will be of great value to academics, practitioners and beyond." Sir Laurence Street, AC, KCMG, QC

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

Dr Sarah E Hilmer is an Assistant Professor and Deputy Director of the JD Programme as well as the Director of the Mediation Institute at the Faculty of Law of The Chinese University. She is also an experienced mediator. She has previously published Mediation in the PRC and Hong Kong (a comparative law text) with Eleven International Publishing.

Sarah Hilmer is an Assistant Professor at The Chinese University of Hong Kong, and being an academic, it is unsurprising that her book takes a more academic and theoretical approach. That is not to say that the book is not practical. It is, and it contains throughout the book useful summaries specifically for mediators and lawyers. Lists are also plentiful and can be quickly referred back to as an aide memoir.

The book is wide ranging and covers conflict theory, a discussion on negotiation processes, a guide to Hong Kong case law, as well as an almost ‘How To’ guide to mediation. It is, however, actually quite short once the extensive appendices are taken into account (this is true of Ken To’s book as well). Although Ms Hilmer makes some interesting points, it is a little disappointing that some were not developed more fully. Accordingly, this book is more like an advanced introduction to mediation than a book that an experienced mediator will refer to in order to develop his or her skills. However, for newly qualified mediators it is undoubtedly useful. Legal practitioners with some mediation experience will also find it worthwhile, particularly as an entire chapter and many sections of the book are directed specifically to the lawyers’ role in mediation...

Susan Macnaughton
Consultant
Gall

December 2010 - Hong Kong Lawyer (Journal)