methods of dispute resolution has enabled strong and decisive dispute resolution stakeholder engagements at the Chartered Institute of Arbitrators Kenya and likeminded institutions such as the Nairobi Centre for International Arbitration (NCIA). These organisations have been enabled to better engage with the judiciary, led by successive chief justices as well as the attorney generals of the country since the promulgation of the Constitution. The judiciary has in fact been the frontrunner in the deepening of mediation. Today, mediation and ADR are recognised by the judiciary as a strong pillar of social transformation in the dispensation of justice. Having been a member of the National Steering Committee that steered the National ADR Policy which was recently approved by the Kenyan Cabinet I believe that our country’s attitude is positive and we can expect that the practice of mediation, arbitration and construction adjudication will be further streamlined and enhanced. Since then, mediation has experienced a higher than average growth and mediation outfits have turned to ply their trade privately. Insofar as arbitration is concerned, the number of arbitrators has definitely increased and in the ‘State of ADR’ research carried out by the Chartered Institute of Arbitrators, Kenya ecorded a trajectory of growth in 2021. These are outright indicators that client demand for ADR services has increased. Which sectors are seeing the most demand on the whole? Court-Annexed Mediation registers the highest rates of adoption within the family division and these are divided into Children Cases, Matrimonial Property and Probate. In Kenya, divorce mediation is expressly prohibited as conniving, condoning or consenting to a divorce is not allowed under our laws. Commercial mediation has further attracted high-value claims which have been resolved within a fraction of the time that was previously spent on the dispute resolution process. A new area that has also registered significant success is the employment and labour division. Arbitration remains the most demanded ADR mechanism for commercial disputes. The case of construction disputes is bifurcated as a good number of standard form contracts also provide for construction adjudication prior to the appointment of an arbitrator. Generally speaking, what is the attitude that is held towards ADR methods in Kenya? The general attitude towards ADR methods in Kenya is favourable. They resonate with the cultural frameworks of the country and their gradual recognition as formal 68 LAWYER MONTHLY MAY 2023 Today, mediation and ADR are recognised by the judiciary as a strong pillar of social transformation in the dispensation of justice.
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