Wednesday, July 23, 2025

Shahla Ali on Deciding Lawsuits Outside of Court: Mediation in Hong Kong (New Book Chapter)

"Deciding lawsuits outside of court: mediation in Hong Kong"
Shahla Ali
in Margaret Y.K. Woo & Cornelis H. van Rhee (Eds), Comparative Civil Procedure (Edward Elgar Publishing, March 2025), Chapter 21, pp.501-514
Published online: March 2025

Abstract: Court mediation systems reflect the diversity of the world’s civil procedure landscape. The varying tensions between advancing relational repair and individual rights-protection likewise plays out in policy design of court mediation systems. Varied systems of court mediation reflect distinct social norms, values, culture and surrounding legal environment and impacts how individuals perceive the relative levels of efficiency, confidence and administration of justice within the civil justice systems. Court mediation in Hong Kong bears some resemblance to features of the United States, Chinese and United Kingdom mediation traditions in the sense that there is strong encouragement of court mediation, a recognition of intrinsic value of mediation, and a possibility of integrating mediation and other adjudicatory practices if parties agree. This chapter presents empirical research examining changes over time following the introduction of Hong Kong’s civil mediation reform in relation to indicators of efficiency, confidence and perceptions of justice as measured by the World Justice Project, the Worldwide Governance Indicators and Global Competitiveness Report.

Please click here to view the full text of this chapter on SSRN.

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