resolution of a dispute between two or more parties and it specifically excluded sitting judges from being considered mediators. The Act further created a Mediation Accreditation Committee which certifies, accredits and trains mediators. It is this pool of mediators that become eligible to be appointed to mediate matters under the Court-Annexed Mediation program. Initially the pilot program was confined to Nairobi, the capital city, but mediation has since been devolved around the country to different stations with remarkable success. The other development which indirectly arose from this Act is the emergence of a number of specialised tribunals which have been brought into force via statute. Examples include the Tax Appeals Tribunal, Sports Tribunal and Energy Tribunal. These pieces of legislation also bear strong provisions empowering Tribunals to adopt ADR in their processes, although they are yet to be harmonised and realised practically. Though the High Court retains a supervisory role over mediation, arbitration and specialised tribunals, recent developments strongly point towards an entrenchment of the 2016, ADR in Kenya was synonymous with arbitration and was applied mostly within commercial circles for its traditional benefits – that is, it is confidential, lends itself to specialised commercial needs, is generally quicker than litigation and is enforceable as a court judgment. After 2016, mediation was introduced for commercial cases and cases in the family division, and the increase in demand was immediate. Initially, most mediators were absorbed by the Court-Annexed Mediation program as a secondary profession. However, in due time, a number turned to mediation as their primary profession. doctrine of exhaustion of primary jurisdiction. It is commendable that our courts by and large support the entrenchment of ADR. Have you witnessed an uptick in client demand for ADR services in recent years? One of the most enduring effects of recognising ADR within the judicial process is that institutionalisation has provided great advocacy, particularly for mediation and arbitration. Prior to THOUGHT LEADER 67 Arbitration remains the most demanded ADR mechanism for commercial disputes.
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