Parties to a dispute may want to explore alternative dispute resolution (ADR) methods to resolve their disputes. In Kenya, there are several ADR methods available that parties can use to resolve their disputes outside of court. Here are some examples:
- Mediation: Mediation involves a neutral third party (the mediator) facilitating negotiations between the parties to help them reach a mutually acceptable agreement. Mediation can be a quicker and less expensive option than litigation and allows the parties to have more control over the outcome of the dispute.
- Arbitration: Arbitration involves a neutral third party (the arbitrator) making a decision on the dispute after considering the evidence and arguments presented by the parties. Arbitration can be quicker and less formal than litigation and can be more flexible than court proceedings.
- Negotiation: Negotiation involves the parties to the dispute trying to resolve the matter between themselves. Negotiation can be a cost-effective and efficient way of resolving disputes if the parties are willing to engage in good-faith negotiations.
- Conciliation: Conciliation involves a neutral third party (the conciliator) helping the parties to the dispute to reach a mutually acceptable settlement. The conciliator does not have decision-making power and instead helps the parties to explore possible solutions.
- Collaborative Law: Collaborative law involves the parties to the dispute working collaboratively with their lawyers to resolve the matter. Collaborative law focuses on resolving the dispute in a non-adversarial manner, and parties agree to reach an amicable settlement.
Alternative dispute resolution methods can be an effective way of resolving disputes outside of court. Parties to a dispute in Kenya should consider exploring these methods to avoid the time, expense, and uncertainty of litigation. It is important to seek the advice of an experienced advocate or mediator when considering ADR methods.