Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) means a voluntary and private dispute resolution process in which the parties agree to appoint a neutral third party to assist them to settle or resolve their dispute.
Mediation and Arbitration are most commonly used forms of ADR. It is a fundamental principle in ADR that the neutral third party shall act impartially and independently at all times. Every barrister in Hong Kong can only practise law as a sole-proprietor. Unlike other professionals, barristers are not allowed to enter into partnership, nor are barristers allowed to incorporate themselves as a corporation or company. All these restrictions are aimed at ensuring that every barrister can act independently in the course of their practice.
Barristers are specialist advocates, and focus primarily on the representation of clients in both in court and ADR. Our contributions generally include giving legal opinion, advising on difficult points of law and procedure, devising litigation strategies at all stages, drafting or settling relevant legal documents; and perhaps most importantly, deploying advocacy in all types of hearings to achieve the best possible results for clients. By virtue of their expertise in dispute resolution, barristers are often instructed to represent clients at mediations/arbitrations, or act as mediators/arbitrators.
Barristers are also occasionally involved in the giving of legal advice in non-contentious. This happens primarily when difficult or complex points of law are involved, or when clients are interested in knowing the likely outcome of litigation or arbitration, should they arise.
ADR saves cost and time when comparing with litigation. In the context of international commercial transactions, mediation and arbitration are the popular ways of settling of disputes outside of courtroom. There are a variety of benefits to the disputed parties. Parties have more control over how their dispute is resolved. Because of its confidential nature, it can sometimes preserve business relationship between the disputed parties. Unlike litigation in open courts, trade terms are not disclosed to the public.
The court should be the last resort for resolving disputes.
