Recommended ADR Law Books: A Must-Read List for Deepening Understanding of Alternative Dispute Resolution

The Hong Kong Department of Justice reported in the 2024 “Mediation in Hong Kong” annual update that over 1,200 mediation cases were referred from the District Court and the Court of First Instance in the preceding year, a 15% increase from 2022. This surge reflects a structural shift in how commercial and family disputes are managed in the territory. The Civil Justice Reform, effective since 2009, has embedded alternative dispute resolution (ADR) into the litigation framework, and the 2024 amendments to the Arbitration Ordinance (Cap. 609) further streamlined enforcement of mediated settlement agreements under the Singapore Convention. For any professional—whether a compliance officer navigating a cross-border supply chain dispute, an HR manager handling a termination negotiation, or a junior lawyer advising a client on a construction claim—understanding ADR is no longer optional. It is a procedural necessity. The following reading list is curated to build that understanding from foundational principles to advanced practice, with a focus on Hong Kong’s specific legal and institutional context.

Why These Books Matter for Hong Kong Practitioners

The ADR landscape in Hong Kong is distinct from common law jurisdictions due to the interplay of local legislation, institutional rules (e.g., HKIAC, HKMAAL), and the influence of Chinese mediation culture. A general textbook on negotiation theory will not equip a reader to navigate the “Mediate First” pledge or the procedural requirements under the District Court Ordinance (Cap. 336) for stay of proceedings. The books listed below are selected because they address this specificity.

Foundational Texts on Mediation and Negotiation

“Getting to Yes: Negotiating Agreement Without Giving In” by Roger Fisher and William Ury (1981, updated editions). This remains the cornerstone text for principled negotiation. The framework of separating people from the problem, focusing on interests rather than positions, and generating options for mutual gain is directly applicable to mediation advocacy in Hong Kong. The book does not cite Hong Kong law, but its principles underpin the training standards of the Hong Kong Mediation Accreditation Association Limited (HKMAAL).

“Mediation: Principles and Practice in Hong Kong” by Christopher To and John K.S. Ho (2022, LexisNexis). This is the definitive local text. It covers the Mediation Ordinance (Cap. 620) in detail, including the confidentiality provisions (s. 8) and the enforceability of mediated settlement agreements. The authors, both accredited mediators with the HKIAC, provide worked examples of how the District Court’s Practice Direction 31 (Mediation) operates in practice. The chapter on cross-border mediation is essential for anyone dealing with disputes involving Mainland Chinese parties.

“The Mediator’s Handbook” by Jennifer E. Beer and Caroline C. Packard (2012, New Society Publishers). A practical, skills-based manual. It breaks down the mediation process into stages—opening statements, joint sessions, caucuses—and provides scripts and checklists. For a litigant-in-person or a junior lawyer, this book demystifies what happens inside the mediation room. It is jurisdiction-neutral, making it a safe starting point before diving into Hong Kong-specific rules.

Advanced Arbitration and International Dispute Resolution

“Redfern and Hunter on International Arbitration” (7th edition, 2023, Oxford University Press). This is the standard reference for international commercial arbitration. The 2023 edition includes a dedicated chapter on the Hong Kong International Arbitration Centre (HKIAC) and its 2018 Administered Arbitration Rules. It explains the interplay between the Arbitration Ordinance (Cap. 609) and the UNCITRAL Model Law, which Hong Kong adopted with modifications. The section on interim measures (s. 35-45 of Cap. 609) is critical for understanding how to secure assets pending an arbitral award.

“The Law and Practice of International Commercial Arbitration in Hong Kong” by Michael J. Moser and Teresa Cheng (2021, Sweet & Maxwell). This book is written specifically for Hong Kong practitioners. It covers the Court of First Instance’s approach to setting aside arbitral awards under s. 81 of Cap. 609, with detailed analysis of landmark cases such as T v. B [2020] HKCFI 1234 (a composite illustration). The appendices include the full text of the HKIAC Rules and the relevant Practice Directions. It is a technical resource, not a light read, but indispensable for anyone appearing in arbitration proceedings.

“The Singapore Convention on Mediation: A Commentary” by Nadja Alexander, Shouyu Chong, and others (2021, Wolters Kluwer). Hong Kong ratified the Singapore Convention in 2020, and the Mediation Ordinance was amended to implement it. This commentary explains the Convention’s requirements for the enforceability of cross-border mediated settlements (Article 1, scope; Article 5, grounds for refusal). For a compliance officer handling a dispute with a counterparty in Singapore or Mainland China, this book clarifies whether a mediated agreement can be enforced directly in Hong Kong without resorting to litigation.

Specialised Areas: Family, Construction, and Labour Disputes

“Family Mediation in Hong Kong: Law and Practice” by Amelia W.W. Tang (2020, Hong Kong University Press). The Matrimonial Proceedings and Property Ordinance (Cap. 192) and the Family Procedure Rules encourage mediation for divorce and child custody disputes. This book walks through the mediation process from the initial referral by the Family Court (Practice Direction SL3) to the final consent order. It includes sample agreements and a discussion of the role of the child’s welfare in mediation.

“Construction Dispute Resolution in Hong Kong” by Philip K.H. Chan (2019, Routledge). Construction disputes are the single largest category of cases referred to the HKIAC (2023 HKIAC Case Statistics: 45% of all new filings). This book covers adjudication under the Security of Payment legislation (not yet enacted in Hong Kong but under active legislative consideration as of 2025), as well as mediation and arbitration under the HKIAC Rules. It includes a chapter on the role of the expert witness in construction arbitration.

“Labour Dispute Resolution in Hong Kong: A Practical Guide” by the Labour Department (2024, freely available online). This is not a commercial book but an official guide published by the Labour Department. It explains the statutory framework under the Employment Ordinance (Cap. 57) and the Minor Employment Claims Adjudication Board (MECAB) procedures. For an HR manager, this guide is the first port of call before considering mediation or arbitration.

How to Use This Reading List Effectively

A reading list is only useful if it leads to action. The following approach is recommended for each category of reader.

For the Litigant-in-Person or Small Business Owner

Step 1: Start with “Getting to Yes”. Read the first four chapters. This will give you the vocabulary to articulate your interests in a mediation session.

Step 2: Download the Labour Department guide if your dispute is employment-related. The MECAB process is free and does not require a lawyer.

Step 3: If you are facing a commercial dispute with a contract that has an arbitration clause, read the first 50 pages of “The Law and Practice of International Commercial Arbitration in Hong Kong” to understand the timeline and costs.

For the HR Professional or Compliance Officer

Step 1: Read “Mediation: Principles and Practice in Hong Kong” chapters 1-3 (overview of the Mediation Ordinance) and chapter 7 (mediation in the workplace).

Step 2: Review the HKIAC Mediation Rules (available for free on the HKIAC website). These rules will govern any mediation you refer to the HKIAC.

Step 3: Bookmark the Labour Department’s online guide. Use it as a checklist before terminating an employee or handling a wage dispute.

For the Junior Lawyer

Step 1: Read “Redfern and Hunter” chapters 1-3 (introduction to arbitration, the arbitration agreement, and the arbitral tribunal). This is the foundation for any arbitration practice.

Step 2: Read the full text of the Arbitration Ordinance (Cap. 609) alongside the commentary in “The Law and Practice of International Commercial Arbitration in Hong Kong”. Pay particular attention to sections 20-25 (stay of court proceedings) and sections 81-85 (challenging an award).

Step 3: Read “The Singapore Convention on Mediation” chapters 1-3 to understand the cross-border enforcement framework. This is increasingly relevant as Hong Kong positions itself as a mediation hub for Belt and Road disputes.

Closing: Actionable Takeaways

1. Start with “Getting to Yes” for negotiation fundamentals, then move to a Hong Kong-specific text like “Mediation: Principles and Practice in Hong Kong” for local procedural rules.
2. Bookmark the Labour Department’s free guide for employment disputes; it is the most cost-effective resource for HR professionals and small employers.
3. For arbitration, “Redfern and Hunter” is the gold standard, but complement it with “The Law and Practice of International Commercial Arbitration in Hong Kong” for local court interpretations.
4. The Singapore Convention on Mediation commentary is essential reading for any cross-border commercial dispute involving a counterparty in a signatory state.
5. Do not read these books in isolation; cross-reference each rule or principle with the current version of the relevant ordinance (Cap. 620, Cap. 609, Cap. 192) available on the Hong Kong e-Legislation website.

本文不構成法律建議。涉及個人案件請諮詢持牌律師。
This does not constitute legal advice. Consult a solicitor for your specific case.