Court processes in Kenya can be slow and adversarial. Mediation offers a faster, private, and less confrontational way to resolve disputes. It is particularly effective in commercial matters, family disputes, and succession claims.
In mediation, a neutral third party facilitates discussion and negotiation between the parties. The outcome is not imposed, but rather agreed upon voluntarily. Once a settlement is reached, it can be recorded and enforced as a court order.
BMA Advocates supports clients in preparing for and participating in formal mediation sessions. We also serve as mediators in select cases and assist clients in enforcing settlement terms where necessary.
FAQs- Settling Disputes Without Court Drama: Understanding Mediation
What is mediation in the Kenyan legal context?
It’s a voluntary and confidential dispute resolution process where a neutral mediator helps parties reach a mutually acceptable agreement.
Is mediation legally recognized in Kenya?
Yes. It’s governed under the Civil Procedure Act and the Mediation Accreditation Committee (MAC) under the Judiciary.
What kinds of disputes can be resolved through mediation?
Commercial disputes, family matters, land issues, succession disagreements, and some employment disputes.
Is mediation enforceable?
Once a mediation agreement is filed in court and adopted as a judgment, it becomes enforceable like any court order.
How is mediation different from arbitration?
Mediation is informal and non-binding unless agreed upon, while arbitration is formal, binding, and akin to a court ruling.
Is mediation faster than litigation?
Yes. Most mediations conclude within a few weeks to months, compared to years in court.
What are the costs involved?
Generally lower than litigation. Costs include mediator fees and legal counsel if engaged.
Can parties choose their mediator?
Yes. Parties may agree on a mediator or request appointment through the Judiciary’s Mediation Registrar.
Is legal representation necessary during mediation?
Not mandatory but advisable for clarity, especially in complex matters or where legal documents are drafted.
Can BMA Advocates assist with mediation?
Absolutely. We represent clients in mediation, prepare settlement frameworks, and ensure outcomes are legally sound.
This article is for general informational purposes only and does not constitute legal advice. For tailored assistance, please consult BMA Advocates directly.
