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Mediation
From commercial contract disputes for the supply of goods and services, mediation has become familiar in a range of business sectors, including construction, workplace and employment, public law, personal injury, clinical negligence, company and partnership, and applied to a wide range of contractual differences, as well as taking an increasingly significant role in family dispute and the development of civil justice generally.
Construction Adjudication
In Hong Kong, the Construction Industry Security of Payment Ordinance (Cap.652) provides for a statutory adjudication regime to facilitate the recovery of payments under certain construction contracts through adjudication proceedings. An adjudicator is more than an independent expert. He or she must accept and consider any information properly submitted by the parties and must make any information submitted by one party, which the adjudicator intends to consider, available to the other party. Despite its compulsory nature, CA is an effective form of ADR for both general and highly specialised construction disputes. CA can also be based on contractual agreements.
Early Neutral Evaluation
In an ENE, disputing parties have a confidential meeting with a neutral expert to identify the issues in a dispute, explore settlement options, and assess the merits of the claims. The core purposes of an ENE are to (1) identify the legal and evidentiary center of the case, (2) develop as reliable an evaluation of the merits as the circumstances permit, and, when needed, (3) craft an efficient plan for developing the information about what a litigated/arbitrated outcome would most likely be.
Med-Arb/Arb-Med
Short for mediation-arbitration / arbitration-mediation, this process gives the parties the opportunity to use mediation to reach a settlement, and then to rely on a decision by a neutral if there are issues on which no agreement can be reached. This process encourages parties to create their own settlement in the knowledge that an arbitrator will otherwise impose an outcome. Sometimes, the parties choose to have the same person act as both mediator and arbitrator, while others choose one person to be the mediator and another to be the arbitrator. Occasionally, the reverse arrangement of Arb-Med is used, with the arbitrator given the formal obligation to hear the case and decide on an award, keeping the decision private, and then to operate as a mediator; if the case does not settle, the decision and the award are disclosed.
“I underestimated how hard it would be reaching a settlement with my supplier, but with IDRC’s help, I was able to regain focus on my interests and needs.”
— OLIVE R., IDRC CLIENT