New Practice Direction On Mediation For Compulsory Sale Cases

Keywords: compulsory sale cases, Lands Tribunal, Civil Justice Reform

Summary

On 28 January 2011, the Lands Tribunal (the "Tribunal") issued a new Practice Direction (LTPD: CS No.1/2011) (the "Direction") on Mediation for all cases ("Compulsory Sale Cases") under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap.545) (the "Ordinance"). The Direction will come into effect on 15 February 2011 (the "effective date").

Background

The Civil Justice Reform has been implemented since 2 April 2009. One of the underlying objectives, as set out in Order 1A of the Rules of the High Court, is to facilitate the settlement of disputes. The Court has the duty, as part of active case management, to further that objective by encouraging the parties to use an alternative dispute resolution ("ADR") procedure if the Court considers that appropriate. Mediation is a common mode of ADR in which the parties agree to appoint a third party to act as mediator and to assist