Mediation, Arbitration & ADR

Overview

Not every dispute needs a courtroom. Article 159(2)(c) of the Constitution of Kenya expressly mandates that courts promote alternative dispute resolution. Our ADR department provides structured, confidential resolution of commercial and family disputes that preserves relationships, reduces cost, and delivers outcomes far faster than litigation.

What We Do

• ›Mediation \u2014 A confidential, voluntary process in which a neutral mediator facilitates dialogue between disputing parties to reach a mutually acceptable agreement. Once signed, the settlement agreement is legally binding.
• ›Arbitration \u2014 Governed by the Arbitration Act, 1995. A neutral arbitrator hears both sides and delivers a legally binding arbitral award, enforceable in the High Court and under the New York Convention in foreign jurisdictions.
• ›ADR Clause Drafting \u2014 We draft clear dispute resolution clauses for commercial contracts specifying mediation, arbitration, or a tiered process, the governing rules, the seat, and the language of proceedings.
• ›Accredited Mediation Services \u2014 Our Managing Partner Agnes Nyawira is an accredited mediator. We provide mediation for commercial disputes, landlord-tenant disputes, partnership disagreements, and family matters.
• ›Settlement Agreements \u2014 Where parties have reached a settlement, we document the agreement in a legally enforceable format, advise on its terms, and register it with the court where applicable.

Diaspora Advantage