其实，内地法律毕业生要想成为香港律师并不是不可能，只是有很长的普通法学习和实践的路要走。要成为香港律师，首先要取得香港大学，或者是香港城市大学，或者香港中文大学或其他学习普通法之院校取得法学士学位（3-4年）或者法律博士学位（2-3年）。如果成绩合格（通常需要中等以上）， 则可以继续申请攻读的法学实践深造证书（1年），通过合格后，然后申请在香港律师事务所里从事律师实习两年。在律师事务所完成2年的律师实习后，就可以通过在香港高等法院宣誓，由香港高等法院法官宣布任命为香港律师。 Read More …
As expert in Alternative Dispute Resolutions Service and having conducted over one thousand private and court-mandated meditations and arbitration 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.
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.
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.
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.