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Cardozo Journal of Conflict Resolution

Abstract

This article discusses evolving family justice system reforms in Hong Kong and the inherent problems that persist with the system, particularly as they relate to the resolution of disputes involving children.1 9 The important initiatives of the Hong Kong Judiciary are highlighted (including the various mediation practice directions issued and pilot schemes established), along with challenges of legislative reform in the family justice area. Underlying all of this are the various paradigm shifts occurring within family justice systems, including the emergence of the "shared or joint parental responsibility" concept, the increased use of ADR processes for children's issues outside of formal courtroom proceedings, and the greater direct involvement of children in dispute resolution proceedings. Particular attention is paid to the development of family mediation and other out-of-court processes such as collaborative practice, which focus on allowing children's voices to be heard in a nonadversarial setting.

Throughout the article, the extensive work of The Law Reform Commission of Hong Kong ("HKLRC") is also considered, along with the "implementation gap" that has resulted between the vision of the HKLRC and the reality of the current family justice system. Unfortunately, many of the promising recommendations contained in previous HKLRC Reports have either not been implemented or are only partially implemented in Hong Kong. The article addresses the challenge of ensuring effective and timely family justice law reform in Hong Kong that responds to current community needs. The procedural reform proposals suggested by the Chief Justice's Working Party Report are also considered with the need for innovative new practices and procedures for children's dispute resolution. The urgent necessity to conduct more empirical research about Hong Kong's family justice system and, more specifically, about children's dispute resolution, is also stressed to ensure the best possible advocacy, protection, and policy making by the HKSAR Government. This article concludes by urging increased multi-disciplinary collaboration and cooperation among all stakeholders involved in children's dispute resolution and the family justice system in Hong Kong.

Disciplines

Dispute Resolution and Arbitration | Law | Law and Gender | Law and Society

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