Mediation is an effective alternative dispute resolution (ADR) method that has gained popularity in Kenya over the years. It is a process in which a neutral third party, the mediator, facilitates negotiations between parties to help them reach a mutually acceptable resolution. In recent years, there have been several developments in mediation strategies in Kenya aimed at improving the effectiveness of the process. This article will explore some of the latest mediation strategies in Kenya.
Court-Annexed Mediation
In 2016, the Mediation Act was enacted in Kenya, providing a legal framework for the mediation process. Under the Act, courts are mandated to refer appropriate cases for mediation, and parties may also opt for mediation outside the court system. This has led to the development of court-annexed mediation programs in Kenya. These programs are aimed at reducing the backlog of cases in the courts and providing parties with a quicker and more cost-effective method of resolving disputes. The programs have been successful in reducing the backlog of cases, and parties have reported high levels of satisfaction with the process.
Online Mediation
With the advancements in technology, online mediation has become a popular strategy in Kenya. Online mediation involves conducting the mediation process virtually, using online platforms such as Zoom or Skype. This strategy has been particularly useful during the COVID-19 pandemic, where physical distancing measures have made it difficult to conduct face-to-face meetings. Online mediation has the advantage of being more convenient and accessible to parties, as they can participate from anywhere with an internet connection.
Specialized Mediation
Mediation is increasingly being used in specialized fields such as family law, commercial law, and construction law. This has led to the development of specialized mediation programs in Kenya aimed at providing parties with mediators who have expertise in the specific area of law. Specialized mediation has the advantage of providing parties with a mediator who understands their particular issues and can provide informed guidance on the legal issues involved.
Mediation Training
There has been an increasing demand for mediation training in Kenya as parties seek to develop their skills in conflict resolution. Mediation training is aimed at providing individuals with the skills and knowledge required to act as mediators or to participate effectively in the mediation process. The Kenyan government has recognized the importance of mediation training and has established several training programs aimed at promoting the use of ADR in the country.
Conclusion
Mediation is an effective method of resolving disputes in Kenya, and the latest mediation strategies are aimed at improving the effectiveness of the process. Court-annexed mediation, online mediation, specialized mediation, and mediation training are some of the latest strategies that have been developed in Kenya. These strategies have the potential to make mediation more accessible, efficient, and effective, and parties are encouraged to consider them when seeking to resolve disputes outside of the court system.
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