Disputes and dispute resolution are a fact of modern life. Understanding and dealing with a dispute in a professional and commercial way has never been more important.
At Clay & Associates Advocates, we act for a broad spectrum of individual and commercial clients in a wide range of complex disputes.
We act for a broad spectrum of individual and commercial clients in a wide range of complex disputes. Our specialist team of litigators has particular expertise in the following areas:
So whatever your problem or situation, our highly-trained and experienced team has seen it all before. To get started, please contact us to discuss your requirements and arrange a legal assessment.
Before any fees, we’ll first schedule a consultation to listen and learn more about your situation.
The session is an hour long, and there are no obligations to engage our services afterward.
As part of the consultation, we’ll lean on our years of experience as Dispute Resolution lawyers to suggest the best solution for you or your business.
Often our clients are keen to preserve a commercial or personal relationship and/or avoid the adverse publicity that may accompany a dispute. In these circumstances we are able to work with our clients to avoid the courtroom and instead explore other practical and cost effective avenues to resolve disputes, including mediation or other forms of alternative dispute resolution (ADR).
This is the process of acknowledging and facilitating a solution to a problem usually through courts of law, otherwise known as litigation, but with alternatives such as arbitration, mediation, negotiation, and traditional African resolution mechanisms.
Usually, litigation is the preferred approach, this would involve writing a demand letter to the non-aggrieved party and demanding that the dispute is made right or resolved.
Should this fail, then you would need to approach an Advocate to prepare court documents known as pleadings for filing of the law suit before a court of law.
Thereafter, the matter will be mentioned to confirm that the other party is aware of the suit. The case will then proceed to hearing before a final determination is made through a judgment.
Dispute resolution costs are in two broad categories:
Legal fees are determined by the Advocates Remuneration Order, 2014. A copy can be found here.
Court fees are determined by the Chief Justice and amended from time to time. They are determined primarily on the value of the dispute although there are also other factors that can determine court fees in Kenya. Please get in touch to find out more.
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.