Ask company directors why they avoid the courts and the answer is rarely the fees; it is the audience. Court proceedings are public. Mediation is the opposite: a private, controlled process in which the dispute, the discussion, and the settlement terms stay behind closed doors. That privacy is one of the main reasons commercial parties … Read more
Kenyan parties can mediate in two settings: privately, on their own initiative, or through court-annexed mediation after a case is filed. Neither route is inherently the better one. Each fits different situations, and the differences are mostly practical, so it helps to understand the mechanics of both before choosing deliberately rather than by default. What … Read more
When a supply arrangement, service agreement, or construction contract goes wrong, the instinct is to reach for the dispute clause. Before the formal letters begin, it is worth considering what mediation can achieve in ordinary commercial disputes, and how often it achieves it. Which contract disputes suit mediation? Nearly all of them: price adjustments, delivery … Read more
Construction projects concentrate money, deadlines and multiple contracts in one place, and so generate disputes at a reliable rate. The same relationships that produce the dispute also argue for resolving it without a public fight, which is why mediation has become the first resort on Kenyan construction projects. Which construction disputes suit mediation? Delays and … Read more
Debt disputes look binary: the money is owed or it is not. In practice most banking and credit disputes conceal negotiable ground: restructuring, timing, security, interest, and the cost of enforcement. Mediation is the forum where that ground is worked systematically. For businesses with several facilities at stake, one structured negotiation is usually easier to … Read more
Few letters unsettle a business like a notice of assessment from the Kenya Revenue Authority. The instinct is to dispute, and Kenyan tax law provides a defined path for doing so , objection, appeal, and increasingly, alternative dispute resolution. Used well, ADR resolves disagreements with KRA on the record, in a structured setting, without conceding … Read more
Most workplace disputes begin small: a grievance letter, a stalled appraisal, a clash between two managers. Handled early and privately, many end there, before a working relationship passes the point of repair. Workplace mediation gives employers and employees a structured way to resolve conflict without a hearing, a ruling, or a resignation. When is mediation … Read more
Parties told to “resolve this out of court” often meet two words: mediation and arbitration. Both sit outside the public courtroom and are recognised in Kenyan law, yet they answer the dispute in fundamentally different ways. Choosing between them turns on who decides, what gets produced, and how the result is enforced. How do mediation … Read more
A dispute inside a family business carries a double risk: the company can be damaged by the fight itself, and the family can be damaged by the way the fight is conducted. Mediation is designed for exactly this overlap of relationship and commerce, which is why advisers increasingly steer these disputes to mediation at the … Read more
Few disputes cut as deep as disagreements over land. They involve money, family history, and often neighbours who must go on living side by side. That combination is precisely why so many land and property matters in Kenya are resolved by mediation rather than fought to a judgment, and why the courts themselves now treat … Read more
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