Strengthening mediation and linkage construction between Hong Kong and mainland China to achieve "soft connectivity" of rules within the Greater Bay Area

2024-05-11

In recent times, Hong Kong has witnessed a series of grand events related to the rule of law. At the same time as the 26th International Commercial Arbitration Council (ICCA Congress) was held in Hong Kong, the 2024 Mediation Week hosted by the Department of Justice of the Hong Kong Special Administrative Region Government was also launched here. On May 10th, the mediation week activity came to a successful conclusion. This event, with the theme of "Mediation First: Building a Bridge of Harmony and Creating a Better Future," held a series of themed seminars and mediation meetings covering multiple scenarios such as campus, workplace, consumers, and family courts, promoting the use of mediation in different sectors. It is understood that the 5-day event attracted nearly 4000 people to participate both online and offline. At the closing ceremony of the event, Luo Houru, Director of the People's Participation and Promotion of the Rule of Law Bureau of the Ministry of Justice, said that the Ministry of Justice would strongly support Hong Kong in building an international legal and dispute resolution service center in the Asia Pacific region, actively promote commercial mediation, exchange and cooperation, and help the Greater Bay Area become a model of high-quality development and a leader of Chinese path to modernization. Hong Kong advocates mediation as the first culture and encourages the inclusion of mediation clauses in contracts. "Mediation is the most effective tool for us to lead to harmony and harmony. It can build a bridge of harmony, find solutions that are beneficial to both parties, and enable both parties to move forward and create a better future." Lin Dingguo, Secretary for Justice of the Hong Kong Special Administrative Region Government, said in this sentence, highlighting the key advantages of mediation. During his stay in Hong Kong, the Legal Daily reporter learned that the Hong Kong Department of Justice has been promoting the concept of "mediation first" since 2009, advocating and encouraging the wider use of mediation in Hong Kong. During the Hong Kong Mediation Week, the topics also focused on how mediation plays an important role in various fields of society and promoting the widespread use of mediation as a dispute resolution tool. "As an international legal and dispute resolution service center, Hong Kong's government is also committed to deepening the culture of mediation," said Lin Dingguo. The so-called "deepening mediation culture", explained by Lin Dingguo, has two levels of relevant policy measures: firstly, it hopes to deepen the understanding of mediation among all sectors of society and enhance mediation awareness; Secondly, in practical operation, the government and various institutions can adopt the concept of "mediation first" and explore the use of mediation to resolve disputes when they arise. In order to make good use of Hong Kong's unique advantages and fully cooperate with the high-quality development of the "the Belt and Road", the Hong Kong SAR Government highlighted the need to "deepen the mediation culture" in its 2023 Policy Address, including reviewing the system regulating the certification and disciplinary matters of mediation profession, adding general mediation clauses to government contracts and encouraging private institutions to adopt similar clauses. The Department of Justice also plans to release mediation clause templates, encouraging government departments to incorporate mediation clauses into future government contracts within feasible and appropriate ranges, in order to further promote the use of mediation as a means of resolving disputes. "We hope to lead by example under the leadership of the government, encourage private companies to include similar mediation clauses in contracts, and further promote the culture of 'mediation first'," Lin Dingguo said. Lin Dingguo emphasized, "What's more important is a change in mindset, which needs to start with cognition." Lin Dingguo revealed that the Department of Justice

Edit:Ying Ying    Responsible editor:Shen Chen

Source:http://www.legaldaily.com.cn

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