The Civil Justice Reform, Practice Direction 31, due to come into effect in January 2010, gives Hong Kong courts new case management powers to encourage and facilitate ADR between litigants. Parties and their lawyers will have a duty to assist the court in achieving this end, and will need to demonstrate that they have achieved a minimum level of participation in mediation processes in order to avoid the imposition of cost sanctions. With mediation providers already well established, in particular the Hong Kong Mediation Centre (HKMC), a founder member of the Asian Mediation Association (AMA), it is expected that the new Practice Direction will lead to an increase in the number of cases resolved through mediation. Click here for more information in Herbert Smith's report on the Civil Justice Reform.
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New case management powers to encourage ADR
- Herbert Smith Freehills LLP
- Alexander Oddy, Sonya Leydecker, Anthony Monaghan and Mike McClure
- Hong Kong
- November 4 2009
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