Impact of Civil Justice Reform on Alternative Dispute Resolution: A Hong Kong Perspective

It has often been suggested that one of the key tests of civilized society lies in the processes and mechanisms that exist for the resolution of disputes between citizens. Scotland has long adopted an adversarial court-based system of civil justice. Criticism of this system and its procedures has led to a search for new and better ways of resolving disputes. As a consequence there has been a growth in interest in ‘Alternative Dispute Resolution (ADR)’. One expression of this new interest has been the recent introduction of mediation programmes to tackle community and neighbourhood disputes. This article charts the inception of these initiatives and discusses the experiences of those active within the community mediation field in Scotland. Aspects of this article are drawn from Scottish Office research conducted by the authors, referred to in the text as ‘the study’.

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Dispute Resolution, Access to Civil Justice and Legal Education

Alberta Law Review ◽

10.29173/alr1284 ◽

1969 ◽

pp. 741 ◽

Cited By ~ 1

Author(s):

Trevor C.W. Farrow

Keyword(s):

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Legal Education ◽

Access To Justice ◽

International Literature ◽

Civil Justice ◽

Reform Initiatives ◽

Law Schools ◽

Collaborative Development ◽

Research Programs

This article examines current dispute resolution leaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in education in Canada and abroad.

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8. The civil and commercial justice systems

10.1093/he/9780198852926.003.0008 ◽

2021 ◽

pp. 218-252

Author(s):

Martin Partington

Keyword(s):

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Justice System ◽

Civil Justice ◽

England And Wales ◽

High Court ◽

Justice Systems ◽

Appeal Courts ◽

Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may result from the Transformation programme and the civil and commercial justice systems’ response to the COVID-19 pandemic. It also considers routes of appeal and the work of the appeal courts.

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8. The civil and commercial justice systems

Introduction to the English Legal System 2019-2020 ◽

10.1093/he/9780198838838.003.0008 ◽

2019 ◽

pp. 210-242

Author(s):

Martin Partington

Keyword(s):

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Justice System ◽

Civil Justice ◽

England And Wales ◽

High Court ◽

Justice Systems ◽

Appeal Courts ◽

Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the courts and tribunals transformation project. It also considers routes of appeal and the work of the appeal courts.

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Developing A Model For Pre-Action Dispute Resolution For Strata Dispute Management In Malaysia

UUM Journal of Legal Studies ◽

10.32890/uumjls.6.2015.4592 ◽

2015 ◽

Author(s):

Nor Asiah Mohamad

Keyword(s):

Hong Kong ◽

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Social Relationship ◽

Technical Issues ◽

Research Show ◽

Malaysian Government

The Malaysian government has finally announced for the implementation of Strata Management Act 2013 with the aims to cater disputes in the management of strata titled properties. Among the most important aspect of the Act is to introduce Strata Management Tribunal as a platform to resolve disputes among the strata owners and all stakeholders in relation to strata management and maintenance. This research addresses the period prior to the adjudication process by the Tribunal and proposes a model for early dispute resolution before the hearing. The author argues that early dispute resolution or early conflict engagement is necessary despite the establishment of Strata Management Tribunal to address non-technical issues, which involve restoration of social relationship. The author highlights the practice of other jurisdiction, for example, Victoria, Australia as well Hong Kong. The findings of the research show that Alternative Dispute Resolution (ADR) methods such as mediation or conciliation are suitable to be adopted within and outside Tribunal process. Keywords: stratified properties, Strata Management Tribunal, Strata Management Act, mediation, conciliation and Alternative Dispute Resolution (ADR)

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In Chancery: The Genesis of Micro Caseflow Management

Amicus Curiae ◽

10.14296/ac.v1i2.5129 ◽

2020 ◽

Vol 1 (2) ◽

pp. 165-200

Author(s):

Michael Reynolds

Keyword(s):

Dispute Resolution ◽

Alternative Dispute Resolution ◽

Justice System ◽

Court System ◽

Civil Justice ◽

England And Wales ◽

Informal Justice ◽

Judicial Practice ◽

Civil Justice System ◽

The Relationship

This article explores an early example of subordinate judicial practice in England and Wales in which we may see some issues that later appear in the relationship between informal justice initiatives (especially alternative dispute resolution) and the civil justice system. Broadly speaking, the paper looks first at the symptoms of systemic failure in the pre-1873 system which led to the creation of the Official Referee’s office. It then considers the relevant recommendations of the Judicature Commissioners and the reasoning behind such recommendation, looking at both the macro- and the micro-levels, before exploring the referees’ diverse jurisdiction which provided a creative foundation for the evolution of interlocutory innovation. The article argues that structural realignment of the court system by the Judicature Commissioners was not sufficient in itself to eradicate all its encumbrances, but it indirectly empowered the referees to eventually bring about revolutionary procedural changes.

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