When a commercial disagreement or a property row will not resolve itself, going to court is not the only route. Mediation offers a structured, private way for parties to settle their differences with the help of a neutral third party. This article explains what mediation involves in Kenya, who mediates, and what to expect from the process.
What is mediation in Kenya?
Mediation is a voluntary process in which an impartial mediator helps disputing parties negotiate their own settlement. The mediator does not judge the case or impose a decision. Their role is to manage the discussion, test options, and help the parties find common ground they can both accept. The process runs alongside arbitration under the Arbitration Act 1995, and the Civil Procedure Act (Cap 21), together with the court-annexed mediation practice directions, directs Kenyan courts to refer suitable civil cases to mediation. That referral power is why so many litigants now meet a mediator before they ever meet a judge.
How does the mediation process work step by step?
- The parties sign an agreement to mediate, recording confidentiality, the mediator’s fee basis, and the ground rules.
- A mediator is appointed, either chosen by the parties or, in court-referred matters, assigned from the Judiciary’s accredited panel.
- An opening session lets each side explain its position without interruption.
- The mediator then guides joint discussion and separate private meetings, known as caucuses, to test options.
- Any settlement is recorded in a mediated settlement agreement and signed by every party.
Which disputes are suitable for mediation?
Most commercial and civil disagreements can be mediated: contract claims, land and property matters, shareholder and partnership disputes, workplace grievances, debt and banking disagreements, and conflicts within family businesses. The practical requirements are modest. Each party attends voluntarily, and each side sends someone with authority to settle.
Because the process is consensual, preparation matters as much as the session itself. The partners at CS Advocates LLP are certified mediators and advise clients before, during, and after mediation, alongside the firm’s wider dispute resolution work. You can read more about the firm and browse our practice areas before deciding how to proceed.
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.