The mediator you choose shapes everything about the process: the pace, the tone, and often whether the dispute settles at all. Because a mediator is appointed by agreement rather than assigned by a roster in private matters, it is worth knowing what to look for before you sign.
What qualifications should a mediator have?
Start with accreditation. Mediators appointed in court-annexed matters are accredited through the Judiciary’s Mediation Accreditation Committee, and established private mediators hold certification from recognised training institutions and professional bodies, including the Law Society of Kenya. Beyond the certificate, weigh three things: experience in managing contested discussions, familiarity with the subject matter in dispute, and a reputation for even-handedness.
Does a mediator need to be a lawyer?
No. Mediation in Kenya is not confined to advocates, and capable mediators come from many professions, among them accounting, engineering, and human resources. Where a dispute turns on the interpretation of contracts, titles, corporate documents, or security interests, however, a mediator with legal training can help the parties frame options that survive drafting and enforcement.
How is a mediator appointed?
In private mediation the parties choose the mediator and record the appointment, fee basis, and procedure in the agreement to mediate. In court-annexed mediation the registry assigns an accredited mediator from the Judiciary’s panel. In either setting, a mediator must disclose any interest that could raise questions about impartiality, and the parties may decline the appointment on that ground.
Practical checks help. Ask a proposed mediator how many similar disputes they have mediated, what their procedure looks like, and how they handle parties who dig in. A short preliminary conversation without the other side is accepted practice and tells you a great deal. Ask too about availability, because a mediator’s diary shapes the timetable.
Both partners at CS Advocates LLP are certified mediators, and the firm regularly advises parties on mediator selection and on the conduct of the session itself. Read more about the firm or browse our practice areas.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation with a certified mediator at our Westlands, Nairobi office.