Mediation
A constitutionally promoted, voluntary, and confidential process where a neutral mediator assists disputing parties in reaching a mutually acceptable resolution.
The Constitutional Foundation
Article 159(2)(c) of the Constitution of Kenya, 2010 provides that in exercising judicial authority, courts and tribunals shall be guided by the principle that alternative forms of dispute resolution — including reconciliation, mediation, arbitration, and traditional dispute resolution mechanisms — shall be promoted, subject to clause (3).
Article 189(4) mandates national legislation to provide procedures for settling inter-governmental disputes by alternative dispute resolution mechanisms, including negotiation, mediation, and arbitration.
What Is Mediation?
Mediation 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. The mediator does not impose a solution but facilitates the parties' own decision-making.
Mediation Under the ADR Mediation Rules 2026
Aluochier Dispute Resolution administers mediations under the ADR Mediation Rules 2026 — a 35-rule instrument governing mediation proceedings across ten Parts and four Schedules. The rules provide for both facilitative and evaluative mediation pathways, with confidentiality protections under Rule 21 and Schedule C, and without prejudice protection under Rule 22.
Mediated Settlement Agreements signed under the ADR Mediation Rules are binding and enforceable as contracts. They may also be presented to the Institution as a Settlement Application under AITAR Rule 24.7, resulting in a Consent Determination with Sovereign Hash and full enforcement attributes, without commencing contested proceedings.
Download Our Mediation Rules
The ADR Mediation Rules 2026 are available for download.
Download ADR Mediation Rules PDF →