Abstract
Currently, there is no statutory framework governing the enforceability of mediation agreements and case law on this matter has been inconsistent. While the traditional reluctance to enforce mediation agreements still prevails, judges and commentators are increasingly acknowledging the fact that mediation agreements are enforceable if the terms of the agreements are certain. This issue is particularly relevant considering the rapid development of mediation in Hong Kong and the introduction of the forthcoming Mediation Ordinance. This paper suggests that at the current stage, it is not appropriate to impose statutory provisions on this issue which should be a matter for judges to decide based on the facts of each case, applying contract law principles. This paper will also consider the Civil Justice Reform in Hong Kong and discuss the possible effects of the reform with particular focus on the enforceability of mediation agreements.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
