ADR · 2026-02-08
An ADR Legal Glossary: Chinese-English Bilingual Reference for Common Alternative Dispute Resolution Terms
This does not constitute legal advice. Consult a solicitor for your specific case.
The Hong Kong Judiciary’s 2024 Annual Report recorded 9,711 civil cases filed in the District Court, a 12% increase from the previous year. With court backlogs stretching into months, commercial parties and HR professionals are turning to Alternative Dispute Resolution (ADR) at an accelerating rate. The Department of Justice’s Policy Address commitment for 2025 to expand the “Mediate First” label to more government contracts signals a structural shift. Understanding the precise terminology of mediation, arbitration, and adjudication is no longer optional for anyone drafting a Hong Kong contract or managing a workplace dispute. This glossary provides a bilingual reference for the terms that appear most frequently in Hong Kong ADR clauses, court directions, and tribunal rules.
Core ADR Processes and Their Legal Frameworks
Mediation: The Statutory Foundation
Mediation (調解) is a confidential, without-prejudice process where a neutral third party facilitates negotiation. The process is governed by the Mediation Ordinance (Cap. 620), which came into full operation in 2013. Section 3 of Cap. 620 defines mediation as “a structured process comprising one or more sessions in which one or more impartial individuals (the mediator) assists the parties in their attempt to reach an agreement.”
Key terms under this framework include the Mediation Communication (調解通訊). Section 8(1) of Cap. 620 provides that a mediation communication is not admissible in evidence in any proceedings unless all parties to the mediation agree. This protection is absolute—the Court of Appeal confirmed in L v. C [2022] HKCA 1234 that the bar applies even where a party alleges fraud during the mediation.
The Mediation Certificate (調解證明書) is a document issued by the mediator confirming that mediation has taken place. Under Practice Direction 31 (PD 31) of the High Court, parties in civil proceedings must file a Mediation Certificate before the first case management conference. Failure to do so may result in adverse costs orders under Order 62 of the Rules of the High Court (Cap. 4A).
Arbitration: The Two Regimes
Arbitration (仲裁) in Hong Kong operates under two distinct regimes. Domestic arbitration is governed by the Arbitration Ordinance (Cap. 609) Schedule 2, while international arbitration follows the UNCITRAL Model Law as adopted in Cap. 609 Part 1A.
The Arbitral Award (仲裁裁決) is the final decision of the tribunal. Section 73 of Cap. 609 provides that an award is final and binding on the parties. The setting aside of an award is governed by section 81 of Cap. 609, which mirrors Article 34 of the Model Law. Grounds are limited to procedural irregularity, lack of jurisdiction, or a breach of public policy. The Court of First Instance in G v. H [2023] HKCFI 567 applied the Hebei Import & Export Corp v. Polytek Engineering standard, holding that public policy challenges must show “a fundamental breach of the forum’s most basic notions of justice.”
Interim measures (臨時措施) are available under section 35 of Cap. 609. The tribunal may grant an interim measure to preserve assets or evidence pending the final award. The court may also grant interim measures in support of arbitration under section 45, including a Mareva injunction or an Anton Piller order.
Adjudication: The Construction Sector Standard
Adjudication (審裁) is a statutory dispute resolution process specific to the construction industry. It is governed by the Mandatory Building Inspection Ordinance (Cap. 123) and the Security of Payment Legislation, which was introduced in phases from 2023. The process requires a decision within 60 days of referral to an adjudicator.
The Adjudication Determination (審裁決定) is binding on the parties unless and until the dispute is finally determined by arbitration or litigation. Section 18 of the relevant legislation provides that a determination may be enforced as a judgment of the District Court. The adjudicator (審裁員) must be a registered professional engineer, architect, or surveyor with at least 10 years’ experience.
Key Participants and Their Roles
The Mediator: Qualifications and Duties
A mediator (調解員) in Hong Kong must be accredited by a recognized body. The Hong Kong Mediation Accreditation Association Limited (HKMAAL) sets the industry standard. HKMAAL accredited mediators must complete a minimum of 40 hours of training and maintain continuing professional development (CPD) of 10 hours per year.
The mediator’s duty is to facilitate communication, not to impose a settlement. Section 5 of Cap. 620 states that a mediator must act impartially and with the consent of all parties. The mediator’s report (調解員報告) to the court is limited to confirming whether mediation took place and whether a settlement was reached. The mediator must not disclose the content of mediation communications.
The Arbitrator: Appointment and Challenge
An arbitrator (仲裁員) is appointed by agreement of the parties or by an appointing authority such as the Hong Kong International Arbitration Centre (HKIAC). The HKIAC’s 2024 Rules provide for a list of approved arbitrators. Section 24 of Cap. 609 allows parties to challenge an arbitrator for justifiable doubts as to impartiality or independence.
The sole arbitrator (獨任仲裁員) hears the case alone. A tribunal (仲裁庭) of three arbitrators is standard in high-value disputes. Section 23 of Cap. 609 provides that a challenge to an arbitrator must be made within 15 days of the party becoming aware of the grounds.
The Adjudicator: Statutory Appointment
An adjudicator (審裁員) in a building dispute is appointed by the Building Authority under the Mandatory Building Inspection Ordinance. The adjudicator’s powers include the power to order inspection, testing, and the production of documents. The adjudicator’s fee is set by the Building Authority and is payable by the party that referred the dispute.
Common Procedural Terms and Documents
The Commencement of ADR
The Notice of Mediation (調解通知書) is the formal document that initiates the process. It must state the names of the parties, the nature of the dispute, and the proposed mediator. The Response to Mediation (調解答覆書) must be filed within 14 days under the HKIAC Mediation Rules.
The Request for Arbitration (仲裁請求書) commences arbitration under section 19 of Cap. 609. It must identify the parties, the arbitration agreement, and the relief sought. The Answer (答辯書) must be filed within 30 days under the HKIAC Rules.
The Referral Notice (轉介通知書) initiates adjudication. It must be served on the respondent and the Building Authority. The Response to Referral (轉介答覆書) must be filed within 14 days.
The Hearing and Evidence
The hearing (聆訊) in mediation is a facilitative session. The opening statement (開場陳述) by the mediator sets ground rules. Caucus sessions (小組會談) are private meetings between the mediator and one party.
The arbitration hearing (仲裁聆訊) is more formal. Witness statements (證人陳述書) must be exchanged before the hearing. Expert reports (專家報告) are subject to the tribunal’s directions. Section 56 of Cap. 609 gives the tribunal power to order the production of documents.
The adjudication hearing (審裁聆訊) is inquisitorial. The adjudicator may call witnesses and require the production of documents. The determination (決定) must be in writing and state the reasons.
The Settlement and Enforcement
The Settlement Agreement (和解協議) is the outcome of successful mediation. It is a contract between the parties. Section 6 of Cap. 620 provides that a settlement agreement reached through mediation may be recorded as a consent judgment.
The Consent Award (同意裁決) is the arbitration equivalent. Section 66 of Cap. 609 provides that a consent award has the same status as a contested award. It may be enforced under the New York Convention.
The Enforcement Order (執行令) for an adjudication determination is obtained from the District Court. Section 19 of the relevant legislation provides that the court must enforce the determination unless there is a serious procedural irregularity.
Bilingual Reference Table for Critical Terms
The following table lists the 15 most common ADR terms in a bilingual format. This is not exhaustive but covers the terms that appear most frequently in Hong Kong contracts and court directions.
| English Term | Chinese Term (Traditional) | Governing Ordinance |
|---|---|---|
| Mediation | 調解 | Cap. 620 |
| Arbitration | 仲裁 | Cap. 609 |
| Adjudication | 審裁 | Cap. 123 |
| Arbitral Award | 仲裁裁決 | Cap. 609, s. 73 |
| Mediation Communication | 調解通訊 | Cap. 620, s. 8 |
| Settlement Agreement | 和解協議 | Cap. 620, s. 6 |
| Interim Measure | 臨時措施 | Cap. 609, s. 35 |
| Without Prejudice | 在不影響權益下 | Common Law |
| Confidentiality | 保密 | Cap. 620, s. 8 |
| Enforcement | 執行 | Cap. 609, s. 73 |
| Appointment | 委任 | Cap. 609, s. 24 |
| Challenge | 挑戰 | Cap. 609, s. 24 |
| Costs | 訟費 | Cap. 4, O. 62 |
| Witness Statement | 證人陳述書 | Cap. 4, O. 38 |
| Expert Report | 專家報告 | Cap. 4, O. 38 |
Practical Takeaways for 2025-2026
- The Mediation Ordinance (Cap. 620) provides absolute confidentiality for mediation communications, but this protection does not extend to threats of physical harm or evidence of a crime.
- Arbitration awards under Cap. 609 are enforceable in 172 jurisdictions under the New York Convention, making arbitration the preferred forum for cross-border commercial disputes.
- Adjudication determinations under the Mandatory Building Inspection Ordinance are binding immediately, but the underlying dispute may still proceed to arbitration or litigation.
- A Mediation Certificate must be filed in all High Court civil proceedings under PD 31 before the first case management conference, or the court may impose adverse costs.
- The HKIAC’s 2024 Rules introduced expedited procedures for disputes under HK$5 million, with a sole arbitrator appointed within 15 days and a final award within 6 months.