Court annexed mediation is a voluntary process where a neutral third party, the mediator, facilitates communication between parties in a dispute. The mediator's role is to guide the conversation and help you explore options to reach a mutually agreeable resolution. Mediation is often faster and less expensive than going to court, and it allows you to maintain control over the outcome.
Yes.
The Constitution of Kenya 2010, Article 159(2)(c), provides for Alternative Dispute Resolution (ADR), which encompasses various forms of dispute resolution, including dialogue, negotiation, mediation, arbitration, and traditional dispute resolution mechanisms. Additionally, the Civil Procedure Act, Cap 21, and the Court Annexed Mediation Rules, 2022, give mediators in Kenya the legal authority to create legally binding agreements through private mediation agreements.
A private mediation agreement is a written document that outlines the mutually agreed-upon solutions reached by the parties involved in a dispute through mediation, conducted outside formal court proceedings. This agreement is legally binding and is drafted by the mediator, capturing the resolutions to all the issues in dispute and the implementation plan for the agreement.
