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Article: Civil justice reform in Hong Kong: Challenges and opportunities for development of alternative dispute resolution
Title | Civil justice reform in Hong Kong: Challenges and opportunities for development of alternative dispute resolution |
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Authors | |
Keywords | Civil justice reform Alternative dispute resolution Mediation Legal profession Hong Kong |
Issue Date | 2010 |
Publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ |
Citation | Hong Kong Law Journal, 2010, v. 40 PART 1, p. 43-64 How to Cite? |
Abstract | Hong Kong has very recently launched the civil justice reform (CJR) to enhance its competiveness with the evolving dispute resolution environment. One of the most notable features of the reform is the courts' encouragement and facilitation of the use of alternative dispute resolution (ADR) methods, in particular mediation, with a view of "fi ltering" litigation cases and procuring early settlement. The reform has, however, alarmed many legal professionals here whose habitual practice is shaped by an adversarial and confrontational approach to litigation. This article presents arguments that the reforms not only bring challenges but also opportunities to the legal profession. Being the frontier participants of the civil justice system, lawyers must face the reality proactively. Their active response can convert the challenge into opportunities, and they shall be able to play a more versatile role in the dispute resolution business. In the long run, the success of civil justice reform in light of the development of ADR in general and mediation in particular, will rely upon the intelligent and dynamic culture of the legal profession in Hong Kong and active involvement of lawyers. |
Persistent Identifier | http://hdl.handle.net/10722/156009 |
ISSN | 2023 Impact Factor: 0.3 2020 SCImago Journal Rankings: 0.112 |
SSRN | |
References |
DC Field | Value | Language |
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dc.contributor.author | Gu, W | en_US |
dc.date.accessioned | 2012-08-08T08:39:28Z | - |
dc.date.available | 2012-08-08T08:39:28Z | - |
dc.date.issued | 2010 | en_US |
dc.identifier.citation | Hong Kong Law Journal, 2010, v. 40 PART 1, p. 43-64 | en_US |
dc.identifier.issn | 0378-0600 | en_US |
dc.identifier.uri | http://hdl.handle.net/10722/156009 | - |
dc.description.abstract | Hong Kong has very recently launched the civil justice reform (CJR) to enhance its competiveness with the evolving dispute resolution environment. One of the most notable features of the reform is the courts' encouragement and facilitation of the use of alternative dispute resolution (ADR) methods, in particular mediation, with a view of "fi ltering" litigation cases and procuring early settlement. The reform has, however, alarmed many legal professionals here whose habitual practice is shaped by an adversarial and confrontational approach to litigation. This article presents arguments that the reforms not only bring challenges but also opportunities to the legal profession. Being the frontier participants of the civil justice system, lawyers must face the reality proactively. Their active response can convert the challenge into opportunities, and they shall be able to play a more versatile role in the dispute resolution business. In the long run, the success of civil justice reform in light of the development of ADR in general and mediation in particular, will rely upon the intelligent and dynamic culture of the legal profession in Hong Kong and active involvement of lawyers. | en_US |
dc.language | eng | en_US |
dc.publisher | Sweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/ | en_US |
dc.relation.ispartof | Hong Kong Law Journal | en_US |
dc.subject | Civil justice reform | - |
dc.subject | Alternative dispute resolution | - |
dc.subject | Mediation | - |
dc.subject | Legal profession | - |
dc.subject | Hong Kong | - |
dc.title | Civil justice reform in Hong Kong: Challenges and opportunities for development of alternative dispute resolution | en_US |
dc.type | Article | en_US |
dc.identifier.email | Gu, W:guweixia@hku.hk | en_US |
dc.identifier.authority | Gu, W=rp01249 | en_US |
dc.description.nature | published_or_final_version | - |
dc.identifier.scopus | eid_2-s2.0-79955058544 | en_US |
dc.relation.references | http://www.scopus.com/mlt/select.url?eid=2-s2.0-79955058544&selection=ref&src=s&origin=recordpage | en_US |
dc.identifier.volume | 40 | en_US |
dc.identifier.issue | PART 1 | en_US |
dc.identifier.spage | 43 | en_US |
dc.identifier.epage | 64 | en_US |
dc.publisher.place | Hong Kong | en_US |
dc.identifier.ssrn | 2196706 | - |
dc.identifier.hkulrp | 2013/008 | - |
dc.identifier.scopusauthorid | Gu, W=37099763600 | en_US |
dc.identifier.issnl | 0378-0600 | - |