In Kenya, there are several types of dispute resolution mechanisms available. Here are four commonly used types of dispute resolution in Kenya:
1. Litigation: Litigation is the formal process of resolving disputes through the court system. In Kenya, the court system includes various levels, such as the Magistrates’ Courts, High Court, Court of Appeal, and the Supreme Court. Litigation involves presenting arguments, evidence, and legal submissions to a judge or magistrate who will make a binding decision on the matter.
2. Arbitration: Arbitration is a private form of dispute resolution where parties agree to have their dispute resolved by an arbitrator or a panel of arbitrators instead of going to court. The arbitrator’s decision, known as an award, is usually binding on the parties. In Kenya, the Arbitration Act governs the arbitration process.
3. Mediation: Mediation is a voluntary and confidential process in which an impartial third party, the mediator, facilitates negotiations between disputing parties to help them reach a mutually acceptable resolution. The mediator does not make a decision but assists the parties in finding common ground. Mediation in Kenya is primarily governed by the Mediation Act.
4. Alternative Dispute Resolution (ADR): ADR refers to various methods of resolving disputes outside of the traditional court system, including negotiation, mediation, arbitration, and other informal processes. ADR methods aim to provide parties with more flexibility and control over the resolution process. The judiciary in Kenya encourages the use of ADR to expedite and streamline dispute resolution.
It’s worth noting that the specific choice of dispute resolution method may depend on the nature of the dispute, the preferences of the parties involved, and any contractual agreements or laws applicable to the dispute. Each method has its own advantages and considerations, so it is important to carefully evaluate the options and seek legal advice when deciding on the most suitable approach for a particular dispute in Kenya.