THURSDAY, MAY 6, 1993
AG SPEAKS ON ALTERNATIVE DISPUTE RESOLUTION
* * *
CONSUMERS OF LEGAL SERVICES ARE NOW LOOKING FOR MEANS TO FILL SOME OF THE GAPS IN THE FORMAL LEGAL SYSTEM IN ORDER TO AVOID SOME OF THE PROBLEMS OF DELAY, FORMALITY, PUBLICITY AND EXPENSE, AND THEY DISPUTE THEREFORE TURNED TO AN INCREASINGLY SOPHISTICATED ALTERNATIVE RESOLUTION SYSTEM, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, SAID.
MODERATING A DISCUSSION SESSION ON ALTERNATIVE DISPUTE
IN HELD RESOLUTION AT THE 10TH COMMONWEALTH LAW CONFERENCE
CYPRUS TODAY (THURSDAY), MR MATHEWS SAID:
"THIS IS A WELCOME AND NECESSARY PROCESS BUT WE MUST NOT LOSE SIGHT OF THE REASONS WHY OUR SOPHISTICATED FORMAL SYSTEMS DEVELOPED IN THE FIRST PLACE.
"THERE
OF
FORMALITY
+
IS OFTEN A NEED FOR CERTAINTY, A DEGREE FOR CLEAR RULES AND INDEED FOR COMPULSION AND SUPERVISION.'
HAVING HE SAID IT WAS NOT ONLY DESIRABLE BUT INEVITABLE THAT,
ALTERNATIVE
THE ᎪᏢᎪᎡᎢ .
DISPUTE RESOLUTION AND MOVED
FORMAL STATE SYSTEMS SHOULD MOVE BACK TOGETHER AGAIN WITH EACH LENDING ITS STRENGTH TO THE OTHER.
HONG
KONG'S EXPERIENCE,
HE SAID, SHOWED
THAT AMONGST
THE
CONSUMERS OF LEGAL SERVICES THERE WAS A STRONG DEMAND FOR A RETURN
AND MEANS
SETTLING LEGAL DISPUTES THAT WERE QUICK, FINAL OF WHICH WERE LACKING IN MOST FORMAL LEGAL SYSTEMS.
ΤΟ
CHEAP,
MR
HONG
MATHEWS NOTED THAT THE RAPID GROWTH OF THE LEGAL SYSTEM KONG OVER THE LAST 15 YEARS HAD BEEN BOTH A REFLECTION OF AND REQUIREMENT FOR ITS RAPID ECONOMIC GROWTH.
IN
A
"IT ALSO REMAINS ONE OF THE REASONS WHY HONG KONG IS STILL
INTERNATIONAL BUSINESS LOCATION
FOR OF CHOICE FOOTHOLD IN THE FAR EAST.
THE
SEEKING
то
GET
A
"AN HONEST AND RELIABLE LEGAL SYSTEM GIVES CONTRACTING PARTIES THE ASSURANCE THAT THEIR AGREEMENTS WILL BE HONOURED BECAUSE THEY KNOW THAT IF THEY ARE NOT THEY WILL HAVE A READY REMEDY, HE SAID.
11
"HONG KONG IS WHERE IT IS TODAY WITH ITS DEVELOPMENT ALTERNATIVE DISPUTE RESOLUTION AS A CONSEQUENCE OF ITS RAPID DEVELOPMENT,' HE ADDED.
MR
"I
OF
ECONOMIC
FORCE OF RESOLUTION, SYSTEM AND ALTERNATIVE
EFFECTIVE
LEGAL
MATHEWS DESCRIBED HOW HONG KONG HAVING ONCE, BY NECESSITY DEALT WITH ITS DISPUTES BY ALTERNATIVE DISPUTE THEN MOVED ON TO DEVELOP AN ADVANCED AND EXPENSIVE LEGAL HAD NOW COME
TO FULL CIRCLE AND WAS LOOKING
SEE HOW DISPUTE RESOLUTION COULD SUPPLEMENT AND HELP AN SYSTEM.
FOR
HE NOTED THAT IN 1985 THE GOVERNMENT BEGAN A TRIAL SCHEME MEDIATION OF CONSTRUCTION DISPUTES AND IN 1990 PROVISION FOR MEDIATION WAS INTRODUCED INTO ALL SUBSTANTIAL GOVERNMENT CONSTRUCTION CONTRACTS.
/IN 1990
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