Embracing Mediation: A Pathway to Peaceful Conflict Resolution in Kenya

At Mbuchi & Associates Advocates , we are passionate about promoting mediation as a viable and effective means of resolving disputes. Mediation is a voluntary, confidential process where an impartial mediator assists disputing parties in finding a mutually acceptable solution. Unlike litigation, mediation fosters collaboration, reduces hostility, and often results in more satisfactory outcomes for all involved.

Why Choose Mediation?

1. Time Efficiency:

Mediation typically resolves disputes much faster than court proceedings. While litigation can drag on for years, mediation often concludes in a matter of weeks or months.

2. Cost-Effective:

Legal battles can be expensive. Mediation is generally more affordable, saving both time and money for the parties involved.

3. Confidentiality:

Unlike court cases, which are public, mediation is a private process. The discussions and agreements made during mediation remain confidential.

4. Preserves Relationships:

Mediation promotes communication and understanding, helping to preserve personal and business relationships that might otherwise be damaged by adversarial litigation.

The Mediation Process

1. Introduction and Opening Statement:

The mediator introduces the process, sets the ground rules, and outlines the objectives.

2. Statement of the Problem:

Each party has the opportunity to present their perspective on the dispute without interruption.

3. Information Gathering:

The mediator helps clarify the issues and gathers relevant information from both parties.

4. Identification of the Problems:

The core issues are identified and prioritized for resolution.

5. Bargaining and Generating Options:

Parties brainstorm possible solutions, guided by the mediator.

6. Reaching an Agreement:

The mediator assists the parties in negotiating a mutually acceptable agreement, which is then documented and signed.

Mediation in Kenya

Kenya has embraced mediation through the Mediation (Pilot Project) Rules, 2015, implemented by the Judiciary of Kenya. Several institutions, such as the Judiciary Mediation Accreditation Committee and the Chartered Institute of Arbitrators (Kenya Branch), offer accredited mediation services.

At Mbuchi & Associates Advocates, we have successfully mediated numerous cases, helping parties resolve disputes efficiently and amicably.

How to Get Started

1. Identify the Issue:

Determine the nature of the dispute and whether mediation is appropriate.

2. Choose a Mediator:

Select a qualified mediator. At Mbuchi & Associates Advocates, our experienced mediators are here to help.

3. Schedule a Mediation Session:

Contact us to schedule a convenient time for all parties involved.

4. Prepare for Mediation:

Gather relevant documents and information to support your case.

5. Attend the Session:

Participate in the mediation session with an open mind and a willingness to negotiate.

For more information on our mediation services or to schedule a session, please contact Mbuchi & Associates Advocates at +254 713188474 or [email protected].