| 177. |
In most systems,
including the present, it is unacceptable to debar litigants in person altogether from
conducting a case in the civil justice system on the ground that he is unrepresented. In
Hong Kong, such a policy may well fall foul of Art 35 of the Basic Law and would in any
event be contrary to the common law's acceptance of the subject's right to approach the
seat of justice. |
|
|
| 178. |
Some systems give the
court power to order litigants to engage in court-annexed ADR at the outset as a condition
of allowing them to proceed in the court system. This however poses the risk of additional
costs and delays should the attempt at ADR fail. It may nonetheless be worthy of adoption
if a sufficiently large percentage of cases referred to ADR are successfully mediated in
whole or in part. |
|
|
| 179. |
Properly conducted ADR
may prove a beneficial process capable of providing a desirable outcome sparing the
unrepresented litigant from having to negotiate the court system. |
|
|
| 180. |
It is in any case
undoubtedly worthwhile to ensure that potential litigants in person are at least made
aware of what ADR possibilities exist and encouraged to use them in preference to court
proceedings. (Note 135) Facilities in Hong Kong are discussed in the section on
ADR below. |
