Overview
Complementary to our active courtroom litigation expertise is our Alternative Dispute Resolution division. Our advocates are qualified and competent to arbitrate and mediate complex and high-net-worth disputes and can assist clients in resolving disputes practically, fairly, and effectively without the need to resort to protracted litigation.
Our Alternate Dispute Resolution practice is well respected and over the years, we have had the experience of handling multi-million shillings claims for our clients and settling large disputes through arbitration and mediation. We have gained a reputation for conducting our arbitration practice in a manner that has been lauded for its integrity and is respected as one of the finest arbitration practices in Kenya.
In Kenya, alternative dispute resolution most often takes two forms – arbitration and mediation.
Arbitration
Arbitration is a form of alternative dispute resolution, where a third party, either agreed to by the litigants or appointed by the court, reviews the evidence in a case and imposes a decision that is legally binding and enforceable. Arbitration often allows clients to resolve disputes more quickly and efficiently than by going to court. Instead of judges or juries, arbitrators decide if wrongdoing occurred and how to correct or compensate for it. Arbitration is most often used for the resolution of commercial disputes, as well as employment matters. The arbitration process may be mandated by court rules and statutes, required by terms of a contract, or agreed to by the parties.
Mediation
Mediation is a popular form of alternative dispute resolution. It provides the parties with a vehicle to resolve their differences without going to court and at a much lower cost. Mediations are quick, usually scheduled within a few weeks or months from the time of the request, private, and confidential. Mediation is particularly valuable when disputes involve parties that may need to remain on good terms, including family members, co-workers, business partners, landlords and tenants, neighbors, and others.
Regardless of how or where disputes initially arise, our commitment is to resolve them efficiently and economically, in partnership with our clients
