 |  |
|
 |
 |
 |
 |
|  | |  | |
(l)
The scheme should be supported by a programme, professionally-devised and
designed specifically with the proposed scheme in mind, to provide appropriate
training for mediators, judges, lawyers and other interested parties.
(m)
The scheme should be subject to review after a substantial trial run (of several
years, to enable experience to be built up), with a view to assessing the
scheme's performance in the context of the mediation facilities available in
Hong Kong, making such adjustments and changes as may then appear
appropriate.
(n)
If, on such a review, the scheme is seen to be performing satisfactorily, it may
be appropriate to consider conferring more extensive powers to direct mediation
on the court.
Recommendation 143: In accordance with Proposal 67, subject to the
adoption (after due consultation) of appropriate rules, the court should have
power, after taking into account all relevant circumstances, to make adverse
costs orders in cases where mediation has been unreasonably refused after a
party has served a notice requesting mediation on the other party or parties; or
after mediation has been recommended by the court on the application of a
party or of its own motion.
While the foregoing discussion and Recommendation focus on mediation, they are in
principle equally applicable to other forms of ADR, subject to relevant details being
worked out.
|
 |
|