Not every dispute belongs in a courtroom. Arbitration, mediation, and structured negotiation resolve a large share of commercial disagreements in Kenya , often faster, privately, and on terms the parties help design. The skill is knowing which path a particular dispute should take. What is alternative dispute resolution? Negotiation , direct, structured discussion between the … Read more
In most commercial suits the losing party is ordered to pay the winner’s costs, but not automatically at the amount the advocate has charged. Recovery is governed by the Advocates Remuneration Order. What is the difference between party-and-party and client costs? Client costs are what an advocate charges the client under their own retainer. Party-and-party … Read more
Mediation is voluntary, so no one can be forced to settle. Parties sometimes hold back for fear that a failed mediation wastes money or hands the other side ammunition. Kenyan practice is built to prevent both outcomes, and knowing what happens after an unsuccessful session makes it easier to engage openly while it is running. … 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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