Legal framework
Mediation in Kenya is not informal goodwill. It is a constitutionally recognised, rule-governed and ethically bound route to justice.
Courts and tribunals are directed to promote alternative forms of dispute resolution — including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms. This is the constitutional foundation of ADR and of access to justice in Kenya.
Governs how courts screen and refer matters to mediation, the appointment of mediators from the accredited register, timelines for completion, reporting back to court, and adoption of settlement agreements as orders of the court.
Private mediation is undertaken by trained and certified mediators on the parties' own initiative. The Judiciary's guidelines shape how private mediation is conducted and how a resulting settlement agreement may be processed and, where the parties wish, adopted by the court.
Impartiality, competence, confidentiality, self-determination of the parties, informed consent, avoidance of conflict of interest, and fair, transparent fees. Every session I convene is bound by these standards.
Mediation is part of the Judiciary's wider access-to-justice agenda: reducing case backlog, lowering the cost of justice, and delivering outcomes that repair relationships within families, businesses and communities.
