Multi-tier dispute resolution, through which parties attempt to settle their disputes by combining non-adversarial with adversarial methods, can assist parties in resolving their disputes more efficiently. Recent surveys suggest that parties are increasingly interested in such methods but that the number of parties that actually adopt such methods does not reflect the growing interest. Drawing on over 1,000 disputes at the HKIAC, this chapter examines how common multi-tier dispute resolution clauses are, how they are drafted and in what types of dispute they appear. Attention is given to the 2018 HKIAC Administered Arbitration Rules, which are tailored for multi-tier dispute resolution methods. The chapter also explores broader regional and international developments that will impact movement towards mixed modes of dispute resolution, such as the Belt and Road Initiative, the Singapore Mediation Convention and the investment dispute mechanism agreed between the Hong Kong SAR and Mainland Chinese governments.

This chapter traces ADR’s rapid progress from the fringes to the centre of Canadian dispute resolution practice. Historically, Canadian lawyers and judges were suspicious of arbitration and mediation—mostly indifferent but sometimes outright hostile. Today, the landscape is radically different. Arbitration, mediation, and other forms of ADR are frequently chosen by parties and robustly supported by legislation and the courts; pre-trial mediation is even mandatory in four provinces (and encouraged in the others). The popularity of multi-tier dispute resolution agreements has correspondingly risen, and they are generally enforceable in Canada. The courts tend to interpret multi-tier agreements to limit jurisdictional hurdles and promote efficient resolution of disputes. Med-arb and other forms of mixed-method dispute resolution have a shorter history in Canada, and many practitioners remain skeptical of their propriety and efficacy. But they are starting to catch on, with new med-arb rules and a professional designation introduced in 2019.