Journal Article

The Case for Mandatory Mediation to Effectively Address Child Custody Issues in Hong Kong

Yuk Ki Lee and Avnita Lakhani

in International Journal of Law, Policy and the Family

Volume 26, issue 3, pages 327-350
Published in print December 2012 | ISSN: 1360-9939
Published online October 2012 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebs008
The Case for Mandatory Mediation to Effectively Address Child Custody Issues in Hong Kong

More Like This

Show all results sharing these subjects:

  • Family Law
  • Marriage and the Family

GO

Show Summary Details

Preview

The use of mediation, as a viable and effective alternative dispute resolution process to litigation, is now firmly established, especially in dealing with family law issues. In many common law jurisdictions, courts have adopted the use of mandatory mediation to specifically address child custody disputes or issues involving children. However, to date, Hong Kong has not opted to impose mandatory mediation to resolve such issues. The purpose of this article is to review the current state of mediation in Hong Kong with respect to child custody issues, conduct a multi-jurisdictional analysis of whether mandatory mediation is used in other common law and civil law jurisdictions to resolve children’s issues, evaluate the benefits and disadvantages of mandatory mediation, and to propose a way forward for Hong Kong in better dealing with children’s issues in family law disputes.

Journal Article.  10266 words. 

Subjects: Family Law ; Marriage and the Family

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.