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  • Annotated Bibliography

Annotated Bibliography

Alternative Dispute Resolutions (ADR)

Sarah E. Hilmer, Anne Scully-Hill, Carol Leung


English , 2011/03 Mediation Institute at the Faculty of Law, CUHK

Tags: Law

229 x 152 mm , 328pp ISBN : 978-962-996-484-9

  • US$39.00


In Stock

Recent reforms to Hong Kong's civil procedure rules included the coming into force of Practice Direction 31 on 1 January 2010. This Practice Direction emphasizes the importance of mediation under the new civil justice system. Under the new system parties are strongly encouraged to explore the possibility of mediation before looking to litigate. Furthermore, lawyers are directed to advise their clients on the significance of mediation as a means of dispute settlement. Although mediation is not mandatory under Practice Direction 31, an unreasonable refusal to participate in mediation could result in an adverse costs order being made against the unwilling party. The advent of Practice Direction 31 therefore will precipitate a considerable shift in the legal landscape of Hong Kong and it is, now more than ever, vital for both lawyers and the community to be aware of the meaning, process and techniques associated with mediation as a form of alternative dispute resolution.

The idea for this annotated bibliography came as a result of a Teaching Development Project funded by the Chinese University of Hong Kong. One of the aims of the project was to establish a collection of resources relating to mediation and alternative dispute resolution (ADR) at the Faculty of Law at the Chinese University of Hong Kong: the Mediation Institute Collection.

The purpose of building the Mediation Institute Collection would be to make available to academics, students and legal professionals a broad range of materials relevant to this increasingly important field of study and practice in Hong Kong. In the course of assembling the Collection, it became clear that a guide to materials pertaining to mediation and other forms of ADR would be a most useful reference tool and so the further task of putting this annotated bibliography together will be continued.

Sarah E. Hilmer, Anne Scully-Hill and Carol Leung are professors in the Mediation Institute at the Faculty of Law, the Chinese University of Hong Kong.

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