The comprehensive and concise resource for anyone interested in Alternative Dispute Resolution

This title comprises of 29 authors from 15 different jurisdictions in Asia. Each jurisdiction highlights its historical development of mediation and its unique features. How one gets accredited in the jurisdiction for practitioners and how one can get mediators for end users. How the Judiciary supports mediation and what has the government done on mediation and what they intend to do. What is the legislation framework support mediation? How much is mediation services are being charged? Any pro-bono schemes are available for parties to use? Some statistics on success rate of mediation in the locality if available. Case law is also presented where appropriate. Some of the problems and the future direction on the use of mediation in the jurisdiction will also be discussed. Who needs it? International lawyers, parties in mediation in different jurisdictions, students, researchers, mediators, and lawyers within the jurisdiction who wants to know more about mediation within its own jurisdiction and other jurisdictions in Asia.

“No other legal development in Hong Kong in recent years has attracted so much widespread interest... as mediation. This handbook is the only one to deal with such an important topic in such depth and breadth … the provisions of real cases and examples are particularly illuminating … [an] excellent work”. Mr Huen Wong JP, Currently on the Board of Directors of the Hong Kong Airport Authority; Fellow and Past President of the Law Society of Hong Kong With the enactment of the Mediation Ordinance this past January 2013, Mediation is now the standard procedure before any matter goes to trial Mediation in Hong Kong has become an increasingly popular and useful dispute resolution mechanism. With the implementation of the Civil Justice Reform in 2009, Practice Direction 31, and more importantly, the Mediation Ordinance, mediation is now widely regarded as an established mode of dispute resolution in its nascent stages that is a useful alternative to the Courts. This handbook serves not only as a useful general reference for anyone interested in mediation, but also as a tool for those that are thinking about, or in the process of mediation • Discusses the nature of the Mediation Ordinance with regards to its impact on the status of mediation in Hong Kong • Includes discussions on all aspects of mediation: from the mediation process, to how parties choose a mediator, to mediation agreements, to enforcement of mediation settlements, to accreditation of mediators, to mediation in family disputes, divorce, family estate disputes, etc, and many other topics • Helps readers develop highly complex and technical skills with background methodology so that readers can put these skills into practice • Includes chapters on specialist mediation such as construction disputes, shareholders’ disputes and financial products disputes. • Extensive real life case studies • Contains Appendices with useful forms in both English and Chinese that are often used during the mediation process

Articulates a dynamic theory on international, commercial arbitration

Covers all major stages of the arbitral procedure in China – validity requirements at the drafting stage, relationship with the tribunal’s jurisdiction and power, and finally, judicial review by the people’s courts examining the unique system of arbitration that has developed – arbitration with Chinese characteristics.

A useful source for those interested in not only the progress made in Chinese arbitration institutions, but also the broader political and economic dimensions of Chinese arbitral developments.

Topics discussed include a wide range of issues that have received serious attention from the Chinese government, and especially those of its arbitration reformers.