Going to court can take years and cost far more than expected. Kenyan law recognises this: Article 159(2)(c) of the Constitution directs courts to promote alternative forms of dispute resolution, including reconciliation, mediation and arbitration. Mediation is often the fastest and most affordable way to resolve a dispute.
What mediation is
Mediation is a confidential process in which a neutral mediator helps the parties talk, understand each other's positions and reach their own agreement. The mediator does not decide who is right. The parties stay in control of the outcome.
Court-annexed mediation
The Judiciary runs a court-annexed mediation programme in many court stations. Suitable cases filed in court can be referred to an accredited mediator, and mediation is usually expected to be concluded within a short, fixed period. If the parties settle, the agreement is filed in court and adopted as a judgment — so it can be enforced like any other court order.
When mediation works best
- Business disputes where the parties may want to keep working together.
- Family and succession disputes over shared property.
- Boundary and land disputes between neighbours or relatives.
- Employment disputes where both sides want a quiet resolution.
When it may not be suitable
Mediation may not be right where urgent court orders are needed to stop harm, where one party refuses to engage in good faith, or where a legal point needs a binding court ruling for the future.
Preparing for mediation
- Be clear about what you need, not just what you are claiming.
- Bring the key documents.
- Understand your best and worst outcomes if the case went to trial.
- Come with authority to settle.
Our firm is led by a Certified Mediator. We act as mediators and as advocates for parties in mediation — and if talks fail, we are ready for court.
