Mediation and ADR Confidentiality in Hong Kong
portes grátis
Mediation and ADR Confidentiality in Hong Kong
Meggitt, Gary
Wildy, Simmonds and Hill Publishing
03/2019
242
Dura
Inglês
9780854902644
15 a 20 dias
Descrição não disponível.
Acknowledgment
Table of Contents
Table of Figures
Table of Cases
Table of Statutes
Preamble - Mediation, Confidentiality and Privilege
Chapter 1 - An introduction to ADR and mediation
1.1 ADR - A general definition
1.2 ADR in Hong Kong
1.3 Individual ADR Processes
1.4 Mediation - history and current practice
1.5 The 'philosophy' of mediation
1.6 ADR v Litigation
Chapter 2 - What is mediation and ADR privilege?
2.1 The nature of the 'Privilege'
2.2 The distinction between 'confidentiality' and 'privilege'
2.3 Confidentiality
2.4 Privilege
2.5 The Without Prejudice Doctrine
2.6 Rights, balancing exercises and shortcomings
Chapter 3 - The justification for mediation privilege
3.1 The justification
3.2 Approaches across the 'common law world'
3.3 The Wigmore Test
3.4 Abuses and safeguards
3.5 Mediation - a distinct and independent process
3.6 Justifying privilege
Chapter 4 - The application of mediation and ADR privilege
4.1 How issues of 'privilege' may arise
4.2 Mediation
4.3 Arbitration
4.4 Adjudication
4.5 Expert Determination
4.6 Early Neutral Evaluation
4.7 Inconsistency and neglect
Chapter 5 - The Mediation Ordinance and comparable legislation
5.1 Hong Kong
5.2 The United States
5.3 Australia
5.4 England & Wales
5.5 UNCITRAL Model Law
5.6 Mediation - first among equals?
Chapter 6 - Conclusions
6.1 What makes ADR distinctive from litigation and mediation distinctive from other ADR processes
6.2 The principles underlying mediation 'confidentiality' and 'privilege'
6.3 The justification for mediation privilege and mediators' privilege
6.4 Does this justification and these principles apply equally to other forms of ADR
6.5 Do the principles provide adequate practical protection for mediation and other forms of ADR
6.6 The protection of confidentiality and privilege under the Mediation Ordinance
6.7 What other legislative or regulatory provisions are required in order to provide adequate protection of mediation and ADR privilege and confidentiality
6.8 Rebuilding the 'multi-door courthouse'
Bibliography/References
Table of Contents
Table of Figures
Table of Cases
Table of Statutes
Preamble - Mediation, Confidentiality and Privilege
Chapter 1 - An introduction to ADR and mediation
1.1 ADR - A general definition
1.2 ADR in Hong Kong
1.3 Individual ADR Processes
1.4 Mediation - history and current practice
1.5 The 'philosophy' of mediation
1.6 ADR v Litigation
Chapter 2 - What is mediation and ADR privilege?
2.1 The nature of the 'Privilege'
2.2 The distinction between 'confidentiality' and 'privilege'
2.3 Confidentiality
2.4 Privilege
2.5 The Without Prejudice Doctrine
2.6 Rights, balancing exercises and shortcomings
Chapter 3 - The justification for mediation privilege
3.1 The justification
3.2 Approaches across the 'common law world'
3.3 The Wigmore Test
3.4 Abuses and safeguards
3.5 Mediation - a distinct and independent process
3.6 Justifying privilege
Chapter 4 - The application of mediation and ADR privilege
4.1 How issues of 'privilege' may arise
4.2 Mediation
4.3 Arbitration
4.4 Adjudication
4.5 Expert Determination
4.6 Early Neutral Evaluation
4.7 Inconsistency and neglect
Chapter 5 - The Mediation Ordinance and comparable legislation
5.1 Hong Kong
5.2 The United States
5.3 Australia
5.4 England & Wales
5.5 UNCITRAL Model Law
5.6 Mediation - first among equals?
Chapter 6 - Conclusions
6.1 What makes ADR distinctive from litigation and mediation distinctive from other ADR processes
6.2 The principles underlying mediation 'confidentiality' and 'privilege'
6.3 The justification for mediation privilege and mediators' privilege
6.4 Does this justification and these principles apply equally to other forms of ADR
6.5 Do the principles provide adequate practical protection for mediation and other forms of ADR
6.6 The protection of confidentiality and privilege under the Mediation Ordinance
6.7 What other legislative or regulatory provisions are required in order to provide adequate protection of mediation and ADR privilege and confidentiality
6.8 Rebuilding the 'multi-door courthouse'
Bibliography/References
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
condientiality; hong kong; alternative dispute resolution; adr
Acknowledgment
Table of Contents
Table of Figures
Table of Cases
Table of Statutes
Preamble - Mediation, Confidentiality and Privilege
Chapter 1 - An introduction to ADR and mediation
1.1 ADR - A general definition
1.2 ADR in Hong Kong
1.3 Individual ADR Processes
1.4 Mediation - history and current practice
1.5 The 'philosophy' of mediation
1.6 ADR v Litigation
Chapter 2 - What is mediation and ADR privilege?
2.1 The nature of the 'Privilege'
2.2 The distinction between 'confidentiality' and 'privilege'
2.3 Confidentiality
2.4 Privilege
2.5 The Without Prejudice Doctrine
2.6 Rights, balancing exercises and shortcomings
Chapter 3 - The justification for mediation privilege
3.1 The justification
3.2 Approaches across the 'common law world'
3.3 The Wigmore Test
3.4 Abuses and safeguards
3.5 Mediation - a distinct and independent process
3.6 Justifying privilege
Chapter 4 - The application of mediation and ADR privilege
4.1 How issues of 'privilege' may arise
4.2 Mediation
4.3 Arbitration
4.4 Adjudication
4.5 Expert Determination
4.6 Early Neutral Evaluation
4.7 Inconsistency and neglect
Chapter 5 - The Mediation Ordinance and comparable legislation
5.1 Hong Kong
5.2 The United States
5.3 Australia
5.4 England & Wales
5.5 UNCITRAL Model Law
5.6 Mediation - first among equals?
Chapter 6 - Conclusions
6.1 What makes ADR distinctive from litigation and mediation distinctive from other ADR processes
6.2 The principles underlying mediation 'confidentiality' and 'privilege'
6.3 The justification for mediation privilege and mediators' privilege
6.4 Does this justification and these principles apply equally to other forms of ADR
6.5 Do the principles provide adequate practical protection for mediation and other forms of ADR
6.6 The protection of confidentiality and privilege under the Mediation Ordinance
6.7 What other legislative or regulatory provisions are required in order to provide adequate protection of mediation and ADR privilege and confidentiality
6.8 Rebuilding the 'multi-door courthouse'
Bibliography/References
Table of Contents
Table of Figures
Table of Cases
Table of Statutes
Preamble - Mediation, Confidentiality and Privilege
Chapter 1 - An introduction to ADR and mediation
1.1 ADR - A general definition
1.2 ADR in Hong Kong
1.3 Individual ADR Processes
1.4 Mediation - history and current practice
1.5 The 'philosophy' of mediation
1.6 ADR v Litigation
Chapter 2 - What is mediation and ADR privilege?
2.1 The nature of the 'Privilege'
2.2 The distinction between 'confidentiality' and 'privilege'
2.3 Confidentiality
2.4 Privilege
2.5 The Without Prejudice Doctrine
2.6 Rights, balancing exercises and shortcomings
Chapter 3 - The justification for mediation privilege
3.1 The justification
3.2 Approaches across the 'common law world'
3.3 The Wigmore Test
3.4 Abuses and safeguards
3.5 Mediation - a distinct and independent process
3.6 Justifying privilege
Chapter 4 - The application of mediation and ADR privilege
4.1 How issues of 'privilege' may arise
4.2 Mediation
4.3 Arbitration
4.4 Adjudication
4.5 Expert Determination
4.6 Early Neutral Evaluation
4.7 Inconsistency and neglect
Chapter 5 - The Mediation Ordinance and comparable legislation
5.1 Hong Kong
5.2 The United States
5.3 Australia
5.4 England & Wales
5.5 UNCITRAL Model Law
5.6 Mediation - first among equals?
Chapter 6 - Conclusions
6.1 What makes ADR distinctive from litigation and mediation distinctive from other ADR processes
6.2 The principles underlying mediation 'confidentiality' and 'privilege'
6.3 The justification for mediation privilege and mediators' privilege
6.4 Does this justification and these principles apply equally to other forms of ADR
6.5 Do the principles provide adequate practical protection for mediation and other forms of ADR
6.6 The protection of confidentiality and privilege under the Mediation Ordinance
6.7 What other legislative or regulatory provisions are required in order to provide adequate protection of mediation and ADR privilege and confidentiality
6.8 Rebuilding the 'multi-door courthouse'
Bibliography/References
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
