Home | About | Arbitration | Mediation | Downloads | Partners | Cases | Shop

Panel of Mediators

Mediation

On mediation, the Constitution of Kenya, 2010 says the following:

Article 112(1): If one House passes an ordinary Bill concerning counties, and the second House – (a) rejects the Bill, it shall be referred to a mediation committee appointed under Article 113 …

Article 113(1): If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.

Article 159(2): In exercising judicial authority, the courts and tribunals shall be guided by the following principles – … (c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3).

Article 159(3): Traditional dispute resolution mechanisms shall not be used in a way that – (a) contravenes the Bill of Rights; (b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or (c) is inconsistent with this Constitution or any written law.

Article 189(4): National legislation shall provide procedures for settling inter-governmental disputes by alternative dispute resolution mechanisms, including negotiation, mediation and arbitration.

Article 252(1): Each commission, and each holder of an independent office – … (b) has powers necessary for conciliation, mediation and negotiation ...

What is mediation?

It is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. It is a consensual process of the parties, and is not imposed upon a party against its will.

Mediators should be independent of the parties and should be impartial in the discharge of their duties.

Aluochier Dispute Resolution administers mediations under Aluochier Dispute Resolution Mediation Rules, which can be downloaded from here.