When you walk into a lawyer’s office, the welcoming smile of the office administrator and the legal counsel whom you seek to consult disarms you and puts you at ease. There are those who require you to pay a significant sum of money to “open a file,” and there are the few who will give […]
The acronym “FACES” is not my invention, even though I cannot remember from where I picked it in my voracious reading habits. The acronym forms the foundation for understanding one’s mate, and helps the mediator to have a structured approach to managing marital or other family conflicts. You will agree with me that disputes do
The FACES of Your Spouse: What Makes or Breaks Your Marriage Read More »
Mediation is steadily picking pace and is gradually becoming the conflict management and dispute resolution method of choice. However, the majority of Kenyans are yet to appreciate the nature and form of this alternative dispute resolution mechanism. It is not uncommon to hear people likening mediation to negotiation, and arbitration to mediation. But that is a subject for another day. In today’s article, we aim to identify the types of disputes, and the factual situations in which mediation is appropriate or inappropriate.
Disputes are as old as the human race and are a common feature of social and legal relations between individuals, corporate and state parties both at domestic and international levels. They call for the establishment of elaborate systems of dispute resolution to accommodate the increasing need for expedition and the desire to resolve them at minimal cost. To this end, we now see innovative international protocols, treaties and domestic legislation designed to offer invaluable alternatives to conventional judicial systems whose adversarial scales of justice often do not tip to the advantage of the litigants taking account of the expense in time and money weighed against the benefits.
The Future of Dispute Resolution is Here: Why Mediate or Arbitrate? Read More »
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
Important questions to ask when appointing a Mediator Read More »
Conflict management and dispute resolution has scaled new heights in Kenya. Indeed, court-mandated mediation has taken root with significant roll-out targeting major cities and urban areas. It is expected that mediation will take the center stage in dispute resolution in a few years. No doubt, we have come a long way, but with a long
The landscape of Arbitration has changed in Kenya Read More »
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
Conflict management and dispute resolution has scaled new heights in Kenya. Indeed, court-mandated mediation has taken root with significant roll-out targeting major cities and urban areas. It is expected that mediation will take the center stage in dispute resolution in a few years. No doubt, we have come a long way, but with a long
Conflict Management and Resolution Strategies and the Reasons as to Why..Read More
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….Read More
Among the resources employed in wealth production in its diverse range of goods and services, human capital stands out as the most important. All other factors and resources are dependent on its efficiency, adequacy and integrity. It is the one resource that, if ill managed, would send entire enterprises tumbling down. It is human capital
