Dispute Resolution

Mediation is now an important part of dispute resolution. Our partner has acted as mediator in the resolution of local disputes.

Few litigants enjoy the litigation process. It is adversarial, expensive, time-consuming and stressful. Mediation, in the right hands, provides a genuine opportunity for the parties to put a dispute behind them and start afresh. It allows the parties to reach a creative settlement or at least to settle on reasonable terms.

Mediation is a structured process whereby a neutral person assists the parties to reach a negotiated settlement. It may be conducted before or during the litigation. It is private and voluntary with the parties remaining in control throughout. They may discuss and reach agreement on what matters to them rather than the legal issues. They may introduce matters that are not the subject of the litigation. Relations can be maintained and parties are better able to return to business with each other if they so wish.

Mediation can be arranged quickly. Experience shows that mediation offers every prospect of cost-effective and speedy resolutions to disputes and is less likely to damage long-term relationships.

Hong Kong Courts encourage parties to mediate and have the power to order that a party that unreasonably refuses to mediate should pay the legal costs of the proceedings even if that party is ultimately successful in the litigation.