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Alternative Dispute Resolution (ADR), including Mediation and Arbitration, is a highly preferred method of resolving disputes outside the court system in Sheung Wan, Hong Kong. This process allows disputing parties to come to terms through a neutral third party. The Hong Kong legal environment is quite progressive towards ADR, leading to its wide acceptance. The Arbitration Ordinance and Mediation Ordinance provide the legal framework for these proceedings in Hong Kong.
Legal uncertainties, contract complexities, business confrontations, property disputes, employment disagreements, or shareholder conflict can often lead to the need of a lawyer well-versed in ADR Mediation & Arbitration. A lawyer can present a clear interpretation of law and procedures, draft or examine mediation or arbitration agreements, protect legal rights, provide professional advice, guide through the process, and provide representation where necessary.
Under the Arbitration Ordinance (Cap 609), arbitration in Hong Kong is confidential, binding, and internationally enforceable under New York Convention to which China is a signatory. The Mediation Ordinance (Cap 620) promotes, facilitates and encourages the resolution of disputes by mediation. It gives legal status to mediation and confidentiality of communication involved in it.
Yes, as these laws apply to all legal disputes arbitrated or mediated in Hong Kong, regardless of your residency status.
No, it is not mandatory but it is highly advisable considering the complexity of law and to safeguard your interests.
Arbitration verdicts are generally final and binding. However, under certain conditions like misconduct of arbitrator or arbitral procedural irregularity, it may be challenged in court.
Under Mediation Ordinance, all communication during mediation process, including all records and notes, are confidential and cannot be disclosed without the agreement of all parties involved.
No, there is no monetary limit for disputes subjected to arbitration.
The Department of Justice of the Hong Kong SAR Government provides information and resources about Mediation and Arbitration. The Hong Kong Mediation Council and Hong Kong International Arbitration Center provide resources about ADR. Bar Association of Hong Kong and The Law Society of Hong Kong are professional bodies providing supports and resources to the legal profession.
If you need legal help in ADR Mediation & Arbitration, seek out a lawyer specializing in this area. Prepare relevant documents, records and a clear statement of your case. Do ensure to understand the lawyer's fees and service terms before proceeding.
