Commercial Dispute Resolution Services in Kenya | CR Advocates LLP

Alternative Dispute Resolution is the process of resolving conflict without necessarily going to court.

This is a process where parties go to court to file documents in case action or dispute that will be determined.

This is an informal process, where a mediator who is a third party with no decision-making authority attempts to bring the conflicting parties to end their conflict by agreement. It is important to note that in Kenya, the courts have adopted the mediation system of dispute reconciliation whereby many cases filed in court will be referred to mediation. The mediator will help the parties reach an agreement after which the agreement is filed in court for adoption as a final determination of the suit. CR Advocates LLP mediators have a long standing track of the mediation process for fresh conflicts as well as court mediation cases.

They include:

1. Parties have greater control when it comes to resolving the dispute in question.
2. Parties are at liberty to negotiate terms of settlement and they are satisfied with the outcome.
3. It’s confidential and there is less exposure from courts.
4. It’s voluntary.
5. Convenience. Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The Mediator listens to everyone’s view, talks to the parties privately and together, guiding them towards a settlement.
6. Reduced Costs.
7. Faster outcome. Because mediation can be used early in a dispute, an agreement can usually be reached quicker than if pursued through the courts.
8. Preservation of Relationships. Whether is maybe a business or family dispute, preservation of relationships can be a key benefit of mediation. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other.

No it is not. The law is yet to mandate the same and enact the necessary laws.

The mediator’s role in mediation is to assist the parties in the negotiations and they cannot dictate the outcomes of the negotiation but facilitate the same.

Your role in litigation is to provide all the required information that will assist us in filing your case and put in all documents. You are also required to attend court and testify when required.

Yes it is possible

We act for commercial entities and corporates in commercial conflicts and disputes relating to breach of contracts, interlocutory orders, injunctions and restorative orders, specific performance orders, interpretation of contracts, execution of foreign awards etc.