ADR: 5 ESSENTIAL STEPS OF ADR IN KENYA: A SMARTER WAY TO RESOLVE DISPUTES.

 What Is ADR?

Alternative Dispute Resolution refers to methods of resolving disputes outside of the traditional court process.
It is widely used in Kenya for both civil and commercial matters because it is generally faster, less formal, and more cost-effective than litigation.

 ADR framework is a collective term for processes that help parties resolve disputes without going through a full trial.
It encourages negotiation, dialogue, and mutual agreement while reducing the adversarial nature of court battles.

 In Kenya, Alternative Dispute Resolution (ADR) offers a more efficient and less confrontational approach to resolving disputes compared to traditional litigation. The five essential ways in ADR, which can be applied in various contexts, are: Negotiation, Mediation, Conciliation, Arbitration, and Expert Determination. These methods prioritize party autonomy, flexibility, and often, preservation of relationships. 

Key ADR Methods in Kenya

  1. Negotiation – Direct discussion between parties to reach a settlement without a third party.
  2. Mediation – A neutral mediator facilitates discussions to help parties reach a voluntary agreement.
  3. Conciliation – Similar to mediation, but the conciliator may suggest solutions.
  4. Arbitration – A neutral arbitrator hears both sides and makes a binding decision (common in contracts).
  5. Traditional/Elders’ Arbitration – Recognized in some communities and under the Constitution (especially for family or land disputes).

Here’s a clear five-step ADR process as generally applied in Kenya, whether in mediation, conciliation, or arbitration — aligned with how ADR is promoted under Article 159(2)(c) of the Constitution and relevant laws like the Civil Procedure Act (Cap. 21) and the Arbitration Act, 1995:

1. Initiation of the ADR Process

  • One or both parties agree (or are referred by the court) to use Alternative Dispute Resolution instead of litigation.
  • A written agreement or referral order is prepared — in arbitration, this is the arbitration agreement; in mediation, it may be a mediation consent order.
  • Choice of ADR method is made (e.g., mediation for relationship preservation, arbitration for binding decisions).

2. Selection of the Neutral Third Party

  • The parties select an arbitrator, mediator, or conciliator from an accredited panel or institution (e.g., Chartered Institute of Arbitrators – Kenya, or the Court-Annexed Mediation Registry).
  • Criteria include expertise, neutrality, and reputation.
  • Appointment can be by mutual agreement or through an appointing authority like the High Court or an ADR institution.

3. Preparation and Exchange of Information

  • Each party prepares relevant documents, facts, and evidence.
  • The neutral third party sets procedural timelines and ground rules (e.g., confidentiality, order of submissions).
  • In mediation, this stage also includes identifying interests and issues to be addressed.

4. Conduct of ADR Sessions

  • Mediation/Conciliation: The neutral facilitates discussion, helps clarify issues, explores settlement options, and encourages compromise.
  • Arbitration: The arbitrator hears arguments, examines evidence, and applies the law to make a determination.
  • The process is informal compared to court, but still structured and time-bound.

5. Resolution and Outcome

  • Mediation/Conciliation: If parties agree, a settlement agreement is signed and can be recorded in court as a binding judgment.
  • Arbitration: A written award is delivered; it is binding and enforceable like a court decree.
  • If no agreement is reached in mediation, the dispute may proceed to court or another ADR method.

✅ Summary Table

StepDescriptionKey Outcome
1. InitiationAgree to use ADR or court referralADR agreement or order
2. Selection of NeutralChoose mediator/arbitratorAppointment confirmed
3. PreparationShare facts, documents, rulesCase ready for ADR
4. ADR SessionsHearings or negotiationsDiscussions/arguments
5. ResolutionSettlement or awardBinding outcome

Why Choose ADR Over Court Litigation?

  • Faster Resolution – Disputes can be resolved in weeks or months, not years.
  • Cost Savings – Avoid lengthy legal fees and procedural expenses.
  • Confidentiality – Sensitive matters remain private.
  • Preservation of Relationships – Particularly valuable in family, employment, or business disputes.
  • Flexibility – Parties choose the process, venue, and decision-makers.

The ADR Process at Junyan & Associates

  1. Initial Consultation – We assess your dispute and advise on the best Alternative Dispute Resolution approach.
  2. Mutual Agreement – Parties agree to resolve the matter through Alternative Dispute Resolution (in writing).
  3. Neutral Facilitator Selection – We appoint or help you select a mediator or arbitrator.
  4. Information Sharing – Parties exchange necessary documents and evidence.
  5. Negotiation & Settlement – We guide discussions until an agreement is reached.
  6. Enforcement – Settlements are documented and, if necessary, registered for legal enforceability.

Our Experience in ADR

We have successfully represented clients in:

  • Business contract disputes – preserving partnerships and avoiding costly court battles.
  • Family and succession matters – ensuring peaceful resolutions.
  • Employment disputes – avoiding workplace disruption.
  • Tax disputes with KRA – using Alternative Dispute Resolution under the Tax Procedures Act, 2015.

 If you are in Nakuru and need a faster, more amicable way to settle disputes, contact Junyan & Associates today.
📞 Call: Call Us on +254 724 786 089
📧 Email: junyanassociates@gmail.com
🌐 Website: junyanassociates.co.ke