The New Development On International Commercial Mediation In HongKong SAR Under The Globalized Environment

Mediation has its origin in the Oriental cultures, traditional Chinese culture in particular. It is so deeply rooted in Chinese culture that even the changes of government over the last few thousand years have never affected its position as one of the essential values of the Chinese community.Yet with the development of the globalization, mediation, gradually and eventually,has recognized and used in most of countries even if the Western community as well.It has been stipulated in laws as a procedure that judicial and arbitration bodies are encouraged to adopt in China mainland for years. However due to the evolution of interdependence among nations with different cultures and traditions, mediation as a means for resolving cross-border disputes has become a public good. A number of international instruments and arbitration institutions have made mediation an alternative for solving the commercial of disputing parties.HongKong SAR is common law area, affected by England's Civil Justice Reform,the growth of mediation in HongKong SAR has gathered strength in recent 10 years, and the introduction of the Hon Kong Civil Justice Reform 2009 has been no doubt enhanced the popularity of this mode of dispute resolution and made it solving differences dispute,for instance,the commercial and finance disputes.This article divided into three parts to examines such consequential effects of globalization as the changes in business patterns, the need for businesses to understand cross-border cultures and values, and their capacity to do so. It discuss current ractices relating to cross-border dispute resolution to ascertain the potential contributions that mediation may make in promoting international economic exchanges. Especially mediation has adopted the mechanism of voluntary mediation for a long time, legal practice and legislation have developed in recent years. For example,The HongKong civil justice reform has played a very important role in promoting the development of mediation mechanism. Mandatory mediation has not yet adopted by the legislation of Hong Kong SAR, but through the way of costs sanction, the practice has achieved the same effect as mandatory mediation does.Then analyes and compare the HongKong SAR with China mainland and the other areas on mediation new development,and give some suggestions.