The stick and the carrot.
Firstly the stick, globally the judiciary has been encouraging the use of ADR by litigants. In Hong Kong the introduction of Civil Justice Reform (CJR) has lead to various changes in the way in which cases are managed in Hong Kong.
Litigants and lawyers have an obligation to the court to assist with the efficient resolution of cases. Practice Direction 31 requires lawyers and litigants to certify that they have considered mediation. If mediations is unreasonably rejected then there may be adverse costs consequences.
But there is also a carrot, even if you have a good case there is always the chance that you will lose before the judge. There are no guarantees in litigation. How much better then for the client to control the outcome by agreeing to a negotiated settlement? There are also real benefits to the client. For example, they may end up with a more creative solution then they could achieve in court. Or the mediation may make it possible for the parties to salvage their relationship, this is particularly important in family situations where co-parenting requires a level of co-operation post the divorce.