This is due to hearing times being drastically reduced by strict time limits on oral presentations and greater reliance on written evidence. Arbitration is, however, often criticised as being no quicker or cheaper than litigation because it has become over-dominated by court procedures. Perhaps that should serve as a warning of the possible consequences if other forms of ADR are allowed to become too institutionalised. The Departmental Advisory Committee on Arbitration Law has proposed new legislation which would set out the principles of arbitration law in logical order and in non-technical language. It is to be hoped that this will meet the concerns of users of arbitration so as to ensure that arbitration once again becomes an expeditious and economical means of resolving commercial disputes.
Mediation offers a more flexible alternative, for larger as well as smaller cases.
One use of mediation is to prevent disputes entering the court system at all. In the case of massive construction projects, such as the new Hong Kong airport, commercial undertakings recognise that if disputes occur they should not result in a complete breakdown of contractual relations. They therefore include a provision in their contracts requiring mediation of disputes prior to legal proceedings, and for this purpose appoint an individual or body to act as mediator. Mediation, like other ADR mechanisms, can also be activated after proceedings have been commenced to facilitate the settlement of disputes without the need for a trial. Even an attempt at mediation that fails, in the sense that it does not achieve a full agreement, may help by narrowing the issues in dispute.