Nurturing a flair for fairness

An international trend towards resolving disputes through informal methods has created the need for more professionals to be trained in arbitration and mediation - methods to resolve conflict between two or more parties through third-party intervention.

Arbitration has become the primary process for settling international commercial and investment disputes. It has also become an important feature of the Hong Kong legal system because of the SAR's close ties with the rest of Asia, and especially the mainland.

Set up in 1985, the Hong Kong International Arbitration Centre helped establish Hong Kong as one of the leading arbitration centres in the region.

China's accession into the World Trade Organisation and the 2003 Closer Economic Partnership Arrangement between Hong Kong and the mainland solidified the growing importance for alternative dispute resolution (ADR) methods and the need for practitioners in Hong Kong.

Even for small claims such as personal injury, 'mediation and conciliation is a way of avoiding the stress and expense of court litigation and it can provide confidentiality', said Peter Malanczuk, the dean of City University's law school.

Out of this need, the Master of Arts in Arbitration and Dispute Resolution was started in 1991 as CityU's School of Law flagship programme.

The one-year full-time or 2? years part-time programme aims to 'provide you with the skill and general knowledge which is required to understand ADR and arbitration, but it does not develop the legal advocacy skills to the level that is expected from a professional lawyer', said Professor Malanczuk.

Students are also warned that 'not all graduates can expect to become arbitrators or mediators and the programme does not assure graduates of appointments'.

Some courses include dispute resolution in theory and practice, arbitration law and practice, legal concepts and commercial contracts.

Applicants did not need a legal background, but rather a bachelor's degree in any profession and bountiful practical experience in resolving disagreements such as labour or contract disputes, Professor Malanczuk said.

But ultimately, admission will be based on merit.

The student body is diverse, consisting of an array of professional backgrounds. In its annual intake of 25 students, the highest percentage was engineers.

'They are in the construction industry and they are always dealing with construction disputes,' Professor Malanczuk said.

The competitive programme is limited in size, and is popular due to its small class sizes and the professional level of its teachers.

'It is a very substantial programme that is appreciated by all the students because it is really hands on,' he said.

'But they especially appreciate the professional experts ... because it is not only law and theory in the books, but law and arbitration in action and taught by the people doing it.'

Denise Fenton, who has extensive experience in manufacturing-for-export, and is completing the programme on fast-track, could not agree more.

'My favourite course has been arbitration practice. The opportunity to take the knowledge from all of the other course work completed for the MA and apply it in simulations with guidance from eminent local practitioners is a test of knowledge; it's also educational and really fun,' she said. 'I think the participation of the practitioners helps to move concepts out of the proverbial theoretical box and give depth and character to the discussion.'

The dean of the school said the most important thing for those interested in doing the course was time allocation.

'They have to decide whether they can allocate sufficient time to do it. If they want to do it full time, this would be a considerable drain on their resources, meaning four evenings a week,' Professor Malanczuk said.

Ms Fenton said occasionally she could not make it to class.

'[But] it's about being engaged in the topic and considering the potential practical application to the situations. It's not so much about the struggle, but more about what one is getting out of the experience, regardless of whether it is personal, professional or academic.'