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So far, over 600 cases with an approximate value of Sh20.5 billion have been referred to mediation with a good number of them now resolved. The court-sanctioned mediation programme provides Kenyans with low-cost and less acrimonious environment for resolving their disputes. It also serves as a means of clearing case backlog, which has been a major impediment to the dispensation of justice. Mediation is defined as a process in which a neutral third-party assists disputing parties to understand their underlying concerns and negotiate a possible settlement. The third-party listens to the parties, helps the litigants to understand each other’s viewpoint regarding the controversy, and then facilitates the negotiation of an amicable resolution. Unlike in courts where the system is adversarial, parties resolving their dispute through mediation often remain friends after the case is resolved because mediators seek to create ‘win-win’ situations. With court-annexed mediation being a relatively new phenomenon in our judicial system, there is a scarcity of certified and experienced mediators. To fill this critical gap the Mediation Accreditation Committee, which certifies court-mandated mediators, advertised for qualified and interested members of the public to apply for accreditation as mediators. So far, about 140 applicants have been accredited. The process of accreditation is continuous as the committee works on building a comprehensive database of mediators with diverse experience across the country.
For the original version including any supplementary images or video, visit https://www.the-star.co.ke/news/2018/04/13/judiciary-in-bold-move-to-entrench-mediation-as-a-means-of-dispute_c1742375
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