Alternative Dispute Resolution Service

香港律师事务所
香港律师事务所 – 香港律师 的发展之路

As expert in Alternative Dispute Resolutions Service and having conducted over one thousand private and court-mandated mediations and arbitrations over the past fifteen years, Hewitt would like to share his insights on the Hong Kong Legal Profession, Hong Kong law firm management with Hong Kong lawyers as a non Hong Kong lawyer.

香港律师与内地律师、境外律师之间如何进行业务合作? 海威特曾在香港律师事务所工作多年,专注于争议解决的法律事务,客户涉及香港、中国内地、美国、加拿大等地。在他看来,香港律师事务所应与美国、中国内地及其他地方的律师事务所加强合作,与香港律师合作处理的香港诉讼、香港仲裁事务。

What are ADR, Mediation and Arbitration?
ADR stands for Alternative Dispute Resolution; Mediation and Arbitration are two types of alternative dispute resolution. These processes are alternatives to the traditional process in Court.

香港律师与香港争议解决:香港律师解决争议的方式有调解、仲裁、替代争议解决等,可作为到法庭诉讼的替代方式。

Mediation
Mediation is a voluntary process that parties can engage in either before or after a lawsuit has been filed in Court. The parties engage in a confidential, cooperative negotiation aimed at settling all or some of the issues on which they disagree. With the help of a trained mediator, the parties come together and attempt to work out a solution themselves, without going to trial before a judge or jury. When successful, mediation is less expensive, takes less time, and is less public than litigation. It also allows the parties to control the outcome. If mediation is not successful, the parties still have the option of pursuing their case in court.

香港律师与法律争议解决:调解是一种自愿解决法律争议的方式。香港律师在诉讼前,通常可尝试通过调解解决争议。调解解决纠纷,相对于诉讼,更加快捷、省钱。

香港律师
香港律师

Arbitration
Arbitration is also voluntary in most cases (although it is a mandatory process in many contracts). An arbitrator is appointed to hear testimony and receive evidence in a less formal setting than the courtroom (for example, in a lawyer’s office). The arbitrator is usually an attorney, sometimes a retired judge, who has expertise in the subject matter involved. After hearing evidence, the arbitrator will decide which party prevails, and may make a monetary award. This process is an alternative to trying a case before a judge or jury in Court and the arbitrator’s decision is generally binding.

香港律师业务与仲裁:在香港国际仲裁中心进行仲裁,是中国和外国客户都愿意接受的争议解决方式。 有关争议解决方面的问题, 可直接咨询香港律师。香港律师会网站上有香港律师的名单。

相关链接:

  1.    香港国际仲裁中心:《什么是仲裁?》
  2.    香港调解中心:《跨境争议解决:香港调解结合国际仲裁

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