Mediation

Mediating a successful settlement is often the best way to resolve disputes. We have successfully mediated a range of construction disputes from large scale renovation projects to disputes in connection with airport core project.
At Cocking & Co we consider mediation is one of the best places to start. Not only do many contracts mandate mediation but because it usually offers the parties as approving to explore commercial solution to complex problem that can save time, cost and business relationships strategically used wisest.

Mediation is one of the most common alternative dispute resolution mechanisms used to in the Hong Kong construction industry. Mediation is rooted in negotiation and commercial compromise and the remedies available are much wider than other formal dispute resolution.

Interesting Points

In Hong Kong, mediation is the most common dispute resolution mechanism as far as construction disputes are concerned – over 80% of construction disputes involving the HKIAC were settled through by mediation.

One of the major reasons accounting for the common use of mediation as a means of resolving disputes is the introduction of mandatary mediation. Mediation was given a compulsory status under the contracts for the Airport Core Programme and infrastructure contracts used for the MTRC and the KCRC West Rail. Moreover, in April 2009, Practice Direction 6.1 was issued by the Hong Kong Judiciary, which ever sets that under which unreasonable refusal to mediate could lead to an adverse cost order. This Practice Direction, coupled with mandatary mediation, has greatly encouraged parties to resort to mediation.

Key Contacts
Ian Cocking, Partner
Dennis Wong, Partner
Justin Lo - Consultant
Justin Lo, Partner

Our Experience

Our team has successfully mediated high profile construction disputes, including airport, express railway and other infrastructure projects

Advise clients on mediation arising out of airport and express railway projects concerning unforeseen ground conditions and other technical issues

Our mediation success rate is high

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