2. Civil Justice Reform and Relevant Practice Directions
On 2 April 2009, the Judiciary implemented the Civil Justice Reform with a view to encouraging and facilitating the settlement of disputes by means other than litigation in court. Mediation is the recommended alternative dispute resolution process. The CJR introduced changes to the Rules of the High Court (Cap. 4A) and the Rules of the District Court (Cap. 336H), and various Practice Directions have been issued to reflect and support these changes.
In particular, the Judiciary encourages parties to consider mediation seriously. Under the relevant Practice Directions, including Practice Direction 31, the court may take into account a party’s unreasonable failure to engage in mediation when dealing with costs. This reflects the broader policy of promoting a “Mediate First” culture in Hong Kong and strengthening Hong Kong’s position as an international dispute resolution centre.
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