Alternative dispute resolution (ADR) refers to the processes of resolving disputes outside of the traditional court system. In Kenya, ADR is recognized as an effective method of resolving disputes, and the Kenyan government has enacted several laws to promote and regulate the use of ADR in the country. In this blog post, we will explore the alternative dispute resolution laws in Kenya.
The main alternative dispute resolution methods recognized in Kenya are arbitration, mediation, and conciliation. Each method has its own set of laws and regulations, which we will discuss below.
Arbitration
Arbitration is a method of resolving disputes in which an impartial third party, known as an arbitrator, is appointed to make a binding decision. The law governing arbitration in Kenya is the Arbitration Act, which was enacted in 1995. The Act provides for the appointment of arbitrators, the conduct of arbitration proceedings, and the enforcement of arbitral awards. Under the Act, parties are free to agree on the rules of arbitration, including the appointment of the arbitrator and the procedures to be followed. The Act also allows for the enforcement of foreign arbitral awards in Kenya.
Mediation
Mediation is a process in which a neutral third party, known as a mediator, helps the parties to a dispute reach a mutually acceptable resolution. The law governing mediation in Kenya is the Mediation Act, which was enacted in 2016. The Act provides for the appointment of mediators, the conduct of mediation proceedings, and the enforceability of mediated agreements. Under the Act, parties may choose to mediate disputes that are already in court, and courts may refer cases to mediation where appropriate. The Act also establishes a Mediation Accreditation Committee, which is responsible for accrediting mediators and ensuring their competence and ethical conduct.
Conciliation
Conciliation is a process in which a neutral third party, known as a conciliator, assists the parties to a dispute to reach a settlement. The law governing conciliation in Kenya is the Labour Relations Act, which was enacted in 2007. The Act provides for the appointment of conciliators, the conduct of conciliation proceedings, and the enforcement of settlement agreements. The Act applies to disputes between employers and employees, as well as disputes between employers’ organizations and employees’ organizations.
Conclusion
Alternative dispute resolution methods have become increasingly popular in Kenya as a means of resolving disputes quickly, cost-effectively, and without the need for a court hearing. The Kenyan government has recognized the importance of ADR and has enacted laws to promote and regulate its use. These laws provide a framework for the appointment of neutral third parties, the conduct of ADR proceedings, and the enforcement of ADR agreements. If you are involved in a dispute in Kenya, it is worth considering whether ADR may be an appropriate method for resolving your dispute.
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