Continuing Professional Development in ADR Law: ADR Training Requirements for Hong Kong Lawyers

Effective 1 January 2025, the Law Society of Hong Kong revised its Continuing Professional Development (CPD) requirements to mandate that all practising solicitors complete at least three hours of accredited training in Alternative Dispute Resolution (ADR) within each three-year CPD cycle. This regulatory change, announced in Practice Direction 2024/03, marks a decisive shift from the previous framework where ADR training was merely recommended. The move aligns Hong Kong with the global trend toward mandatory dispute resolution education, driven by the Department of Justice’s Policy Statement on Mediation (2024) which identified ADR competency as a core pillar of legal practice. For practitioners, the consequence is immediate: failure to comply with the ADR requirement means non-renewal of a practising certificate under section 7 of the Legal Practitioners Ordinance (Cap. 159). This article sets out the new framework, the specific accredited courses available, and the practical steps solicitors must take to remain compliant.

The New CPD Framework for ADR

The Law Society’s revised CPD scheme requires 15 total CPD points per three-year cycle, of which three must now be specifically designated as ADR training. This is not a standalone qualification but a minimum competency standard embedded within the existing CPD structure.

Who Is Affected

All practising solicitors holding a valid practising certificate under Cap. 159 are subject to the requirement. The rule applies equally to sole practitioners, partners in law firms, and solicitors employed in-house by commercial entities. Exemptions exist only for solicitors who have been admitted for less than one year or who hold a practising certificate for less than six months in a given cycle.

What Counts as ADR Training

The Law Society’s Accreditation Committee has defined ADR training as any course, seminar, or workshop that covers mediation, arbitration, conciliation, or negotiation techniques. The training must be delivered by an accredited provider — either the Hong Kong Mediation Accreditation Association Limited (HKMAL), the Hong Kong Institute of Arbitrators (HKIArb), or a CPD provider approved by the Law Society. Self-study materials, including online modules, count only if they include an assessment component verified by the provider.

Compliance Deadlines

For solicitors whose current CPD cycle began before 1 January 2025, the ADR requirement applies from the start of the next cycle. For those commencing a new cycle on or after that date, the three-hour ADR component must be completed within the cycle. The Law Society will conduct random audits, and solicitors must retain certificates of attendance for at least six years after the cycle ends.

Accredited ADR Training Providers and Course Structure

The Law Society has approved three principal providers for mandatory ADR training. Each offers courses structured to meet the three-hour minimum, though many solicitors choose to exceed this to gain practical skills.

HKMAL Mediation Training

HKMAL offers a 40-hour accredited mediation training course that satisfies the CPD requirement. The course covers the Mediation Ordinance (Cap. 620), the Code of Conduct for Mediators, and practical role-playing exercises. For solicitors who already hold mediation accreditation, HKMAL provides a three-hour refresher module specifically designed for CPD compliance. The refresher module costs approximately HKD 1,200 and is delivered in person or via Zoom with live interaction.

HKIArb Arbitration Workshops

The HKIArb runs half-day workshops on arbitration procedure under the Arbitration Ordinance (Cap. 609). These workshops focus on the drafting of arbitration clauses, the appointment of arbitrators, and the enforcement of awards under the New York Convention. Each workshop carries two CPD points, so solicitors must attend two workshops to meet the three-hour requirement. The HKIArb also offers a one-hour online module on the 2024 HKIAC Administered Arbitration Rules, which counts as one CPD point.

Law Society-Approved Private Providers

Private training firms, such as the Hong Kong Academy of Law and the Chartered Institute of Arbitrators (East Asia Branch), offer courses that the Law Society has pre-approved. These courses typically cover negotiation theory, cross-cultural dispute resolution, and the use of technology in ADR. Solicitors should verify the provider’s CPD approval number before enrolling, as courses without pre-approval do not count toward the requirement.

Practical Compliance Steps for Hong Kong Solicitors

Compliance requires more than simply attending a course. Solicitors must track their CPD points, ensure the ADR component is correctly recorded, and plan their training schedule to avoid last-minute rushes.

Step 1: Audit Your Current CPD Cycle

Check your CPD cycle start and end dates on the Law Society’s e-CPD portal. If your cycle ends in 2026, you have until the end of that cycle to complete the ADR requirement. If your cycle ends in 2025, you must complete the ADR hours before the cycle closes. The Law Society’s 2024 annual report noted that 12% of solicitors audited in the previous cycle had insufficient CPD points, resulting in delayed certificate renewals.

Step 2: Select Accredited ADR Courses

Choose courses that specifically address ADR and are listed on the Law Society’s approved provider list. Avoid general negotiation skills courses unless they have been explicitly designated as ADR training. The Law Society’s website maintains a searchable database of approved courses, updated monthly.

Step 3: Maintain Records

Keep digital or physical copies of attendance certificates, course outlines, and any assessment results. The Law Society requires these records to be produced within 14 days of a written request. Failure to produce records on demand may result in a disciplinary inquiry under the Solicitors’ Practice Rules (Cap. 159H).

Step 4: Plan for Excess Hours

Solicitors who complete more than the required three ADR hours can count the excess toward their general CPD requirement. This is a practical approach for those who wish to gain deeper competence in mediation or arbitration without adding extra administrative burden.

Consequences of Non-Compliance

The Law Society treats CPD non-compliance seriously. A solicitor who fails to meet the ADR requirement will not have their practising certificate renewed until the deficiency is remedied. This can disrupt client work, damage professional reputation, and lead to financial loss.

Certificate Non-Renewal

Section 7(2) of the Legal Practitioners Ordinance provides that the Law Society may refuse to issue a practising certificate if the solicitor has not complied with CPD requirements. In 2023, the Law Society reported 47 cases of non-renewal due to CPD deficiencies, a figure expected to rise with the new ADR mandate.

Disciplinary Action

Repeated or deliberate non-compliance may result in a complaint to the Solicitors Disciplinary Tribunal. The tribunal has the power to impose fines, suspend practising certificates, or strike solicitors from the roll. While rare for first-time CPD failures, the risk increases with each cycle.

Practical Impact on Clients

For in-house solicitors and compliance officers, non-compliance means the solicitor cannot legally practise, which may delay transactions, court filings, or regulatory submissions. The Hong Kong Monetary Authority (HKMA) issued a circular in 2024 reminding authorised institutions to verify the practising status of their legal counsel, further elevating the stakes.

Actionable Takeaways

1. Verify your current CPD cycle end date on the Law Society’s e-CPD portal immediately to determine your ADR training deadline.
2. Enrol in an accredited ADR course from HKMAL, HKIArb, or a Law Society-approved provider before the end of the current quarter.
3. Retain all attendance certificates and course materials for at least six years after your CPD cycle ends.
4. Plan to complete the three-hour ADR requirement early in your cycle to avoid scheduling conflicts with client work.
5. Consider exceeding the minimum by taking a full mediation or arbitration course to enhance your practice and satisfy future requirements.

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