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THE LAW REFORM COMMISSION OF HONG KONG - page 272 / 360

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272 / 360

Issues

“5.(a)Please provide a succinct list of issues in the case.

     (b)Are any of them capable of resolution by agreement?

     (c)Are any of the issues in the action suitable for trial as preliminary issues?…”

Expert evidence

“7.(a)On what topic/issues may expert evidence be required?…

    (d)Is there scope for agreement?…”

Trial

“8.(a)What is your present estimate of length of trial ?…

 9.Would a pre-trial review be likely to be helpful?

10.Is there any way in which the Court can assist the parties to resolve their disputes without the need for a trial/full trial?

11.Have the lay clients received a copy of the notes from the court recommending mediation?

12.Have the parties attempted a mediation procedure?  If not, is it suggested that they should attempt a mediation under the Hong Kong International Arbitration Centre’s rules?  Would they like the Court to assist in the appointment of a mediator or to appoint a mediator?

13.Have the parties been given details of the costs incurred to date and an indication of the fees likely to be incurred if this matter goes to a full hearing?”

A pre-trial check list can also include questions such as:

“1.Have you or counsel discussed with your client(s) the possibility of attempting to resolve this dispute (or particular issues) by Alternative Dispute Resolution?

2.Might some form of ADR procedure assist to resolve or narrow the issues in this case?

3.Have you or your client(s) explored with the other parties the possibility of resolving this dispute (or particular issues) by ADR?”1191

12.37The Information Sheet must be lodged with the clerk of the construction judge not later than two days before the return date for the Summons for Directions.  A copy must be given to each of the other parties.1192

12.38We recommend that procedures at the Family Court be streamlined and that there be continuous monitoring of the system by effective

1191 This is taken from the Commercial Court pre-trial checklist referred to in the Practice Direction (Commercial Court: Alternative Dispute Resolution), The Times, December 17, 1993 and reported in Order 72, r 11 of the White Book at 1294.

1192 HKLD [1992] H 111.

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