Mediation As An Alternative
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 and the mediation itself usually lasts a day or less. 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.
Accredited Mediation Experience
Our Principal, David Ravenscroft, is an Accredited Mediator in commercial issues with the Hong Kong International Arbitration Centre, Hong Kong Law Society and CEDR. He is a member of the CEDR Asia Pacific Practice Group.
Mr Ravenscroft has conducted mediations in Hong Kong and has also worked on overseas mediations. In addition he has on many occassions represented parties at mediations. Over a number of years he has also conducted numerous lectures, seminars and workshops on the practical aspects of mediation including the subjects of handling commercial mediation and representing clients at mediation.
Please feel free to telephone (852 2388 3899) or email (email@example.com) David direct if you would like to discuss mediation further.
“…thank you so much for having played such an integral part in the process of keeping us out of court!”.
2nd April 2014.