Pre-trial mediation in Mainland China and Hong Kong: Rationales, regulations and ramifications

Abstract

Assesses the civil justice implications of pre-trial judicial mediation in China and court-related mediation in Hong Kong. Examines: (1) the rationales for pre-trial mediation in the jurisdictions, the history of its use and data on the percentage of cases concluded by mediation; (2) the mediation legal frameworks; (3) the extent to which the process is voluntary; (4) how mediators are chosen, and the mediator's role and conduct; (5) the mediation process, its confidentiality safeguards and the enforcement of mediated settlements; and (6) the right to litigate cases after mediation.