The Current State of ADR Legal Education: How Hong Kong Law Schools Train Future Mediators

Disclaimer: This does not constitute legal advice. Consult a solicitor for your specific case.

The landscape of dispute resolution in Hong Kong is undergoing a quiet but significant regulatory shift. In late 2024, the Department of Justice announced the establishment of the Advisory Committee on Mediation and Arbitration, tasked with reviewing the Arbitration Ordinance (Cap. 609) and the Mediation Ordinance (Cap. 620) to enhance Hong Kong’s competitiveness as a dispute resolution hub. This move comes as the Hong Kong International Arbitration Centre (HKIAC) reported a 22% increase in new arbitration cases in 2023, with a total of 281 new filings. The growing caseload, coupled with the government’s push for wider use of mediation in commercial and family disputes, has exposed a critical gap: the supply of trained, high-quality mediators and arbitrators. Law schools in Hong Kong are now under pressure to produce graduates who are not only litigators but also skilled facilitators of settlement. This article examines how the three major law faculties—the University of Hong Kong (HKU), the Chinese University of Hong Kong (CUHK), and City University of Hong Kong (CityU)—are adapting their curricula to meet this demand.

The Regulatory Push and the Market Need

The 2024-2025 Policy Framework

The Department of Justice’s 2024 Policy Address outlined a clear objective: to promote Hong Kong as a “one-stop” destination for international dispute resolution. The Advisory Committee on Mediation and Arbitration, chaired by the Secretary for Justice, includes representatives from the Law Society, the Bar Association, and the HKIAC. Its first report, published in January 2025, recommended mandatory mediation training for all trainee solicitors and pupils. The legislation provides that the Legal Practitioners Ordinance (Cap. 159) may be amended to require a minimum of 40 hours of ADR training as part of the Postgraduate Certificate in Laws (PCLL) programme. This is a direct response to the 2023 statistics from the Judiciary, which showed that only 18% of civil cases filed in the District Court proceeded to trial, with the remainder settled or withdrawn—often through mediation.

The Commercial Demand

Hong Kong’s position as a financial centre creates a specific demand for ADR professionals. The Hong Kong Monetary Authority (HKMA) circular of September 2023 on “Resolution Planning for Financial Institutions” explicitly encourages the use of arbitration and mediation for cross-border financial disputes. For HR professionals, the Employment Ordinance (Cap. 57) provides for conciliation through the Labour Department, but increasingly, companies are including mediation clauses in employment contracts. The Hong Kong Institute of Human Resource Management reported in a 2024 survey that 67% of member companies had used mediation in the past two years, up from 41% in 2020. Law schools must therefore train graduates who can navigate the Arbitration Ordinance (Cap. 609) and the Mediation Ordinance (Cap. 620) in a commercial context.

The Family Justice Context

Family mediation is another growing area. The Matrimonial Causes Ordinance (Cap. 179) and the Guardianship of Minors Ordinance (Cap. 13) both allow the court to refer parties to mediation. The Judiciary’s Family Mediation Pilot Scheme, launched in 2022, has been extended to 2026. Data from the Social Welfare Department shows that 4,200 couples used mediation services in 2023, a 15% increase from 2022. Law schools are now integrating family mediation into their core family law modules, requiring students to complete a 20-hour accredited mediation skills course.

How Hong Kong Law Schools Are Adapting

The University of Hong Kong (HKU): A Comprehensive Approach

Step 1: Master the core curriculum. HKU’s Faculty of Law offers a mandatory module on “Dispute Resolution in Context” within the LLB programme. This course covers the Arbitration Ordinance (Cap. 609), the Mediation Ordinance (Cap. 620), and the High Court Ordinance (Cap. 4) as they relate to ADR. Students must complete a simulated mediation exercise assessed by a practising mediator.

Step 2: Specialise through electives. HKU offers an elective “Advanced Mediation and Arbitration” in the final year. The course includes a visit to the HKIAC and a mock arbitration hearing. In 2024, 120 students enrolled, up from 85 in 2022.

Step 3: Pursue postgraduate training. The LLM in Arbitration and Dispute Resolution at HKU is the most established programme in Hong Kong. It requires 60 credits, including a dissertation on a topic such as “Enforcement of Arbitral Awards under the New York Convention.” The programme is accredited by the Chartered Institute of Arbitrators (CIArb), allowing graduates to apply for Associate membership.

The Chinese University of Hong Kong (CUHK): A Practice-Oriented Model

CUHK’s Faculty of Law takes a different approach. The LLB programme includes a compulsory “Professional Practice” course where students must complete 15 hours of mediation training with the Hong Kong Mediation Accreditation Association Limited (HKMAAL). The course is co-taught by a practising barrister and a mediator.

The elective “Commercial Dispute Resolution” focuses on the Arbitration Ordinance (Cap. 609) and the HKIAC Administered Arbitration Rules. Students analyse real case files (anonymised) from the HKIAC’s 2023 caseload. The course also covers the UNCITRAL Model Law on International Commercial Arbitration, which is incorporated into Hong Kong law.

CUHK’s LLM in International Economic Law includes a stream on “Investment Treaty Arbitration.” This is particularly relevant for HR professionals dealing with cross-border employment disputes under bilateral investment treaties.

City University of Hong Kong (CityU): A Technology-Forward Curriculum

CityU’s School of Law has invested in technology. The LLB programme includes a module on “Online Dispute Resolution (ODR)”, which is increasingly relevant given the HKIAC’s adoption of its own ODR platform in 2023. Students learn to conduct mediations via video conferencing and use AI-powered document review tools.

The elective “Arbitration Practice and Procedure” is taught by a practising arbitrator from the HKIAC. Students draft a procedural order and a final award. The course is assessed by a 3,000-word paper on a topic such as “The Role of the Tribunal in Managing Costs under the HKIAC Rules.”

CityU also offers a Master of Laws (LLM) in Arbitration and Dispute Resolution, which is accredited by the CIArb. The programme requires a dissertation and a practical skills assessment.

The Role of Professional Bodies and Accreditation

The Hong Kong Mediation Accreditation Association Limited (HKMAAL)

The court procedure is that to be listed on the HKMAAL’s Panel of Mediators, a person must complete an accredited training course of at least 40 hours and pass a written and practical assessment. The legislation provides that the Mediation Ordinance (Cap. 620) does not require mediators to be accredited, but the court will only refer parties to mediators on the HKMAAL panel. Law schools have responded by integrating HKMAAL accreditation into their programmes. HKU, CUHK, and CityU all offer courses that satisfy the 40-hour requirement. In 2024, 350 law students across the three institutions completed HKMAAL-accredited training, up from 220 in 2022.

The Chartered Institute of Arbitrators (CIArb)

The CIArb’s Associate, Member, and Fellow grades are recognised by the HKIAC and the courts. To achieve Associate status, a candidate must complete the CIArb’s “Introduction to International Arbitration” course and pass an exam. Law schools offer this as an elective. The CIArb’s East Asia Branch, based in Hong Kong, reported in 2024 that 45% of its new members were law graduates under the age of 30.

The Hong Kong Bar Association and the Law Society

The Bar Association’s “Pupillage Handbook” (2024 edition) states that pupils should have a working knowledge of the Arbitration Ordinance (Cap. 609) and the Mediation Ordinance (Cap. 620). The Law Society’s Continuing Professional Development (CPD) requirements include a mandatory two-hour module on ADR every three years. Law schools are now incorporating this into their PCLL programmes.

The Gap Between Training and Practice

The Need for Practical Experience

Despite the curriculum changes, a gap remains. A 2024 survey by the Hong Kong Law Society found that 72% of junior solicitors (PQE 0-3 years) felt their law school training did not adequately prepare them for the practicalities of mediation. The survey, which had 400 respondents, noted that students often lack experience in drafting settlement agreements or managing difficult parties.

The Cost of Training

The cost of accreditation is a barrier. A 40-hour HKMAAL-accredited mediation course costs between HKD 8,000 and HKD 12,000. The CIArb’s Associate exam costs HKD 3,500. Law schools have partially subsidised these costs, but the total financial burden on students can exceed HKD 20,000. The Department of Justice’s 2025 report recommended that the government provide a subsidy scheme for law students.

The Need for Specialisation

The market increasingly demands specialists. The HKIAC’s 2023 caseload included 45 cases involving construction disputes, 38 involving financial services, and 22 involving intellectual property. Law schools are responding by offering “sector-specific” modules. CityU, for example, offers an elective on “Construction Arbitration” taught by a partner from a major law firm.

Actionable Takeaways

1. Check your law school’s accreditation: Ensure your LLB or LLM programme includes a minimum of 40 hours of HKMAAL-accredited mediation training to qualify for the Panel of Mediators.
2. Complete a CIArb module: Enrol in the CIArb’s Introduction to International Arbitration course during your studies to gain a recognised qualification.
3. Seek practical experience: Apply for internships at the HKIAC or the Department of Justice’s Mediation Office to gain hands-on experience.
4. Monitor the 2025 legislative changes: The proposed amendments to the Legal Practitioners Ordinance (Cap. 159) will make ADR training mandatory for all trainee solicitors.
5. Budget for accreditation costs: Set aside at least HKD 15,000 for HKMAAL and CIArb fees during your studies.