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 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 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。