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
The suit has been filed, the pleadings are settling, and the court directs the parties to mediation. Some litigants read the referral as delay; experienced ones recognise it as the route through which a considerable share of civil matters now conclude. Knowing what the process involves helps parties use the opportunity well rather than treat … Read more
One worry stops parties from mediating: what if the other side signs the settlement and then ignores it? The short answer is that a properly concluded mediated settlement agreement binds the parties, and the courts give it teeth. Understanding how enforcement works also changes how you negotiate, because terms that look generous but cannot be … Read more
Two questions matter to most parties in a dispute before anything else: what will this cost, and how long will it take? Mediation answers the second with unusual certainty, because the timetable belongs to the parties and the mediator rather than to a court list. The ranges depend on the type of dispute, but the … Read more
Cost is one of the first questions clients ask about mediation, and the honest answer is that it depends on the mediator, the complexity of the dispute, and how prepared the parties are. The figures are agreed case by case, but the structure of the costs is predictable. It helps to know what you are … Read more
If your case is filed in the Nairobi courts, do not be surprised if one of the first directions sends the parties to mediation. Court-annexed mediation is now an ordinary feature of civil litigation in Kenya, and understanding how it works helps parties use it well rather than treat it as a delay. What is … Read more
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