Sunday, September 18, 2016

Meggitt and Somji on the Regulation of Mediators and Lessons for Hong Kong (HKLJ)

"The Regulation of Mediators in England and Wales, the United States and Australia - Lessons for Hong Kong"
Gary Meggitt and Hussain Somji (LLM Arb & DR)
Hong Kong Law Journal
2016, Vol. 46, Part 2, pp 445-476
Abstract: Hong Kong, after some delay, has followed the international fashion in seeking to develop alternatives to the traditional methods of resolving legal disputes. Mediation, in particular, is being encouraged by the territory’s government and judiciary as a way of avoiding what is perceived to be costly and lengthy litigation. Those serving as mediators will be crucial to the success of these endeavours. As yet, however, the accreditation, training and supervision of mediators are in their infancy. This article looks at the regulation of mediators in those common law jurisdictions closest to Hong Kong in their form and substance and considers what — if any — lessons the territory may draw from their experiences.

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