Legal Practice and Procedure

My paper titled “The Place of ADR in Intergovernmental Disputes” published online last week was one of the subject of discussion at the momentous meeting between the Senate and members of the Chartered Institute of Arbitrators (Kenya Branch) on 14th June 2018. At the meeting, members of the Institute urged the legislators to consider alternative dispute resolution as a critical feature of legislation in which dispute resolution is contemplated. The Institute highlighted the glaring gap in legislative instruments with regard to the pressing need to incorporate ADR mechanisms and recognize the role of such institutions as the Chartered Institute of Arbitrators…

1. Introduction   The Constitution of Kenya, 2010 establishes a devolved system of government comprised of the national and forty-seven county governments. According to article 6(2) of the Constitution, The governments at the national and county levels are distinct and inter-dependent. They are mandated to conduct their mutual relations on the basis of consultation and

Mediators differ in shades, shapes and sizes. Their skills and areas of expertise are diverse, and so are their style and approach. Their diverse personal skills count towards the outcome of a mediation. They may or may not meet your expectations. For this reason, you need to ask the following hard questions before placing your

Introduction The question as to what mediation (sometimes referred to as conciliation) is is one of the most frequently asked questions. I must confess that I stand to be counted among the large number of professional mediators who erroneously assume that the meaning of the term, and the process of, mediation is common knowledge. I

The Mechanisms of Choice For Expeditious and Cost-Effective Conflict Management and Dispute Resolution Strategies   Commercial mediation and arbitration are essentially designed to relieve parties from the burdensome process of litigation in ordinary courts with regard to time and expense.  However, the efficacy of mediation and arbitral proceedings in commercial claims depends almost entirely on

The Trusted Road-map to Extraordinary  Outcomes One of my most demanding legal aid briefs in 1989 was a succession dispute that had been filed in 1974 when I was only thirteen. During the fifteen years the suit waited to land on my laps, the client’s file had grown to more than six inches wide, but

Marital disputes are a common feature of our social life. Regrettably, conflicts in the family front often go unmanaged and escalate into full-blown disputes that rock the very foundations of our existence. And what do many do? They resort to judicial proceedings that have the effect of fueling the flames, not to mention the disproportionate