Past Events and Resources

Continuing Medical Education (CME) series: Healthcare Alternative Dispute Resolution Workshop
Category : Seminars
Date : 24 Jun, 2019
Time : 6:30 pm – 9:30 pm
Venue : Academic Conference Room,11/F, Cheng Yu Tung Tower, Centennial Campus, The University of Hong Kong

**There will be a role play.

Fees: Free

Patients after medical mishaps often go through a period of intense mental and physical trauma. To seek justice, they and their relatives usually make complaints to the Medical or Dental Council, or take the healthcare practitioners to courts. These procedures can be lengthy, stressful or even painful, and the latter can be very costly. Both the complainants and the healthcare practitioners have to face the same problems, and researches have shown that the healthcare practitioners involved may also suffer from symptoms of emotional disturbance. The Medical or Dental Council only looks at the practitioners' professional standards; it does not decide on compensation for damage, whether monetary or non-monetary. On the other hand, litigation as a means of resolving disputes might not offer all the remedies that the claimants want either. Alternate Dispute Resolution (ADR) such as mediation and arbitration can be viable options for dispute resolutions. Both parties may agree on issues to be resolved and select the mediators and the arbitrators who have the expertise in the matters in dispute. Confidentiality is a major advantage for both parties in healthcare disputes. It would be beneficial for both parties if they can reach settlements early through a fair, impartial and independent third party, with confidentiality being maintained. Mediation is also less costly than litigation. It has been practised in Hong Kong and other jurisdictions for a number of years. The passing of the Mediation Ordinance (CAP 620) in 2012 is an important milestone in the development of mediation in Hong Kong. With the enactment of the Apology Ordinance (CAP 631) in 2017, the use of apologies in ADR is safer and it helps with the settlement of disputes, especially in the healthcare settings. Although the use of arbitration in healthcare disputes is less well known, it is feasible to develop a high-quality medical arbitration practice. The Arbitration Ordinance (CAP 609) came into effect in 2011 and has further enhanced Hong Kong as a world-class arbitration hub. There are similarities between mediation and arbitration, and there are also differences between the two with unique features for each of them.

Dr James S.P. Chiu
Dr James Chiu is the founder of JC Professional Dispute Resolution Centre and is a pioneer in mediating medical disputes in Hong Kong. He is the holder of LLB (Hons) London, a full-time mediator, collaborative practitioner, and an assessor of the HK Mediation Accreditation Association Ltd. Dr Chiu is the 1st Adjunct Assistant Professor of CUHK in mediation courses. He is the Vice-chairman of the Regulatory Framework Sub-committee of the Steering Committee on Mediation under DoJ, and an ExCo Member of the HK Mediation Council. Dr Chiu was a Specialist in General Surgery and is an Honorary Clinical Assistant Professor of HKU. Dr Chiu has written many articles and book chapters on mediation, negotiation and apologies. He has chaired and/or spoken in over 80 local and international medico-legal and mediation meetings. Dr Chiu is a member of the International Network for Law & Apology Researchers (INLAR).

Professor Albert Lee
Professor Albert Lee is currently Clinical Professor in Public Health and Primary Care, Founding Director of the Centre for Health Education and Health Promotion, Fellow and Associate Dean of General Education of Wu Yee Sun College at the Chinese University of Hong Kong. Albert obtained Medical Degree (MB BS) from University of London (UCL-Middlesex) in 1984 and Law Degree (LLB) from University of London in 2015 with higher academic degrees and/or professional qualifications in Family Medicine, Public Health, Legal Medicine, Arbitration and Mediation, and Education including higher doctorate degree in Medicine (MD), Fellow of Chartered Institute of Arbitrators (UK), Fellow of American and Australasia Colleges of Legal Medicine, and Accredited Mediator (CEDR).

Dr Kar-wai Tong
Dr Kar-wai Tong has had multi-disciplinary exposure to healthcare, social care, law and education. In the healthcare and social care sectors, he was a management staff for more than 17 years. In the legal aspect, he served the Hong Kong Government to provide executive support for legislative amendments. He holds a degree of Doctor of Juridical Science with a research focus on medico-legal liabilities of practicing cross-border telemedicine. He was called to the Bar of England and Wales and is an enrolled barrister and solicitor (New Zealand) (non-practicing), a legal practitioner (New South Wales) (non-practicing), a member of the Chartered Institute of Arbitrators (UK), and an accredited general mediator (Hong Kong). Turning to his educational involvements, Dr Tong has been teaching at universities on a part-time basis for years. He is the holder of a master’s degree in educational studies and the recipient of a scholarship for a PhD programme in education in the UK, with a study theme of happiness from the perspective of Confucianism. He is also a co-editor/contributor of books, as well as an editor/reviewer of international journals. His research interests include healthcare and social policies, human rights, medico-legal liabilities, legal issues in the context of education, Confucianism, and happiness.

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