X hits on this document

Word document

THE LAW REFORM COMMISSION OF HONG KONG - page 340 / 360

1002 views

0 shares

0 downloads

0 comments

340 / 360

15.91We recommend that statutory provision be made for issues and settlement conferences tailored to the needs of Hong Kong.  There ought to be a clear distinction between issues and settlement conferences.  These conferences would be separate from mediation.  A settlement conference would be a necessary step in the process unless there was a certificate filed by a party or the parties that an attempt at settlement in a settlement conference is likely to be unsuccessful and that costs would be wasted by such attendance.  (paragraph 12.45)

15.92If no settlement conference takes place there would still be a conference similar to a directions hearing at which directions for trial would be ordered.  The judge could still suggest settlement at this stage.  No evidence disclosed at these pre-trial conferences should be admissible as an admission in any subsequent hearing or proceedings, or as part of a transcript or record of the conferences without the consent of the parties. (Paragraph 12.46)

Flow Chart for new court process

15.93We have designed a Flow Chart at Annex 2 to assist in understanding the recommended new court procedures.  The steps set out in the Flow Chart are necessary steps in case management with a time schedule set by the judge in consultation with the parties.  We recommend that the issues conference be substituted for the current call-over list. (Paragraph 12.47)

Part H - Support services for the family dispute resolution system

Support services

15.94We generally approve and adopt the recommendations of the report of the Task Group on a Family Court on support services, but prefer to adopt the terms “mediation and mediators” rather than “conciliation and conciliators”.  Providing support by allocating more resources to mediation, information sessions and parent education complements the court process.  It is necessary to connect these support services and resources to the court system to ensure court accessibility and accountability.  We recommend that support services should be government funded. (Paragraph 12.51)

Support services accommodation at the Family Court

15.95We recommend the provision of accommodation at the Family Court for counsellors and mediators which would facilitate early referral to appropriate services. (Paragraph 12.54)

Information on dispute resolution

Document info
Document views1002
Page views1002
Page last viewedFri Dec 09 22:29:50 UTC 2016
Pages360
Paragraphs4973
Words145151

Comments