Mediation Bill 2020 – A response to Professor Ojienda SC

Here is the submission that I produced, with assistance from Kimutai Cherono, detailing 80 problems and issues with the proposed Bill.

Mediators in Kenya have one, primary, over-arching impediment to the development of their profession. People do not know what mediation is.  Stop 100 people on the streets in Kenya and ask them if they have heard of mediation as a form of dispute resolution and if so, to describe how...

Allan Wang’ang’a’s piece on the Strathmore Dispute Resolution Centre's blog, on the regulation of mediation in Kenya delighted me and alarmed me in equal measure.  I was delighted to find that someone is actively thinking about the issues involved.  Too many people whom I meet in the mediation space seem...

Arbitration is a ‘thing’ globally, now embraced by lawyers and law firms as a matter of necessity.  Mediation is huge in the United States big in the UK, and gaining ground all over the world.  Both are classified as Alternative Dispute Resolution, but they are NOT the same.  Why then...