THE ROLE OF MEDIATION IN RESOLVING FAMILY DISPUTES: CULTURALLY SENSITIVE MEDIATION IN AFRICAN SUCCESSION DISPUTES
The African family, unlike its Western counterpart, has historically been an extensive, multi-layered social unit. It comprises not only the nuclear family but also extended relatives, unborn children, and departed relatives. For Africans, the family is the cornerstone of society and is the basic sphere of action from which an
AI-ASSISTED MEDIATION: AUGMENTING HUMAN DIALOGUE OR UNDERMINING THE MEDIATOR’S ROLE?
ABSTRACT This article explores whether artificial intelligence (AI) in mediation enhances human dialogue or risks replacing the mediator. It analyses the growing use of AI in Alternative Dispute Resolution (ADR) through Online Dispute Resolution (ODR) platforms, where it improves efficiency, accessibility, and objectivity. In Kenya, where accredited mediators have increased
Harmony in Hurdles: Resolving Disputes “the Kenyan Way”
In the heart of the savannah, where the Maasai Mara's lions roar and the vibrant hues of the Great Rift Valley paint the landscape, a different kind of roar is emerging, one that is gaining consistent momentum. Welcome to Kenya, where disputes meet resolution not only in courtrooms, but also
Breaking the Deadlock: Environmental Mediation as a Catalyst for Collaboration in the Mining Sector
Dispute presents an inherent feature of human interaction; wherever diverse interests converge, conflict is bound to ensue. The mining industry, a locus of economic development and environmental preservation, frequently witnesses disputes between mineral developers and environmental advocates (Oh-Chang et al.,2023). Historically, legal recourse has been sought through litigation, yet this
International mediation accreditation training
From December 4th-8th, 2023, Strathmore University University proudly hosted 60 mediators and mediation trainers for an international accredited mediation training. The training was conducted by the Strathmore Dispute Resolution Centre in collaboration with other institutions, including the Kenyan Judiciary, Jones Day (U.S.), and ADR Centre (Italy). Facilitators from various countries
Mediation centre for banks, clients launched
Kenyan banks and customers now have an alternative dispute-resolution mechanism to taking matters to court.
Judiciary moves to cut case backlog through arbitrators
The Judiciary plans to hire more arbitrators in its bid to promote alternative dispute resolution as it seeks to reduce a growing backlog of cases in the courts.
Is mediation taking off at last in dispute resolution?
Mediation, a negotiation process in which the disputing parties are assisted by a neutral third-party, should be the first option in conflict resolution.
5 Great Lessons from our Mediation Training 2014
SDRC and Facilit8 UK offered a comprehensive 40-Hour Mediation Training from Thursday 13th August to Tuesday 19th August 2014 that was designed for beginners in mediation. Eager to be a mediator? Here are a few lessons our trainees and our team picked up from the course.
Mediation Settlements are Binding
In Kenya, the reason most of us rush to forward our disputes to court is because of the finality we perceive it brings to these disputes. That is probably why cops like the phrase “wewe, nitakupeleka mbele”, (I will take you to court) when an offender turns out to be a handful. After all, we say the best defense is a good offence, right? Wrong.
TAKING MEDIATION TO THE COMMUNITY
Human nature dictates that there will be conflict, on various scales of intensity, for as long as there are interactions among humans. These conflicts may be between individuals and within families, organizations and
ARE YOU INTERESTED IN MEDIATION?
Are you interested in practicing as a mediator or simply learning more about mediation? The Strathmore Dispute Resolution Centre offers training aimed at equipping individuals with the skills and knowledge required for mediation. The training is conducted by seasoned international mediators and mediation trainers.
AGAINST ALL ODDS
The Vis East Moot Foundation Inaugural Young International Mediation Competition (YIMC) was organised to take place from the 2nd to 8th of August 2015 in Hong Kong.
ADR 101 – PART 1
In an effort to encourage the use of Alternative Dispute Resolution (ADR) Mechanisms to solve disputes, we shall embark on a new series “ADR 101”. The aim is to introduce and educate all interested parties about ADR.
TAKE-HOME FROM THE AUGUST CONTINUOUS PROFESSIONAL DEVELOPMENT TRAINING
Continuous Professional Development (CPD) is essential to sharpening of those skills that better one’s job execution. For a mediator this is particularly important due to the nature […]
THE UNSCREWED HINGES
The tea or preferred beverage is served. The aggrieved begins and after his statement the accused is given a chance to give his opinion on the matter. The third party guides the speculations of each party and finally, a decision is made. A win- win situation is arrived at. All
A LOOK AT MANDATORY MEDIATION
The mediation rules are a glimmer of hope for Kenyans. A sign that we understand the shortcomings within our judicial system and the importance of protecting every individual’s right to access justice. The new mediation rules seek to impose mandatory mediation for all civil matters once they have been screened
Judiciary asks businesses for mediation units
This article first appeared on the Business Daily <http://www.businessdailyafrica.com/Judiciary-asks-businesses-for-mediation-units-in-change-of-tack/-/539546/3056534/-/lfapqrz/-/index.html The Judiciary has turned to the business community to volunteer office space to house its mediation unit as it moves to roll out alternative dispute resolution system for commercial cases. Mediation of new cases was scheduled to kick off from January
Where Tech Meets Law
The number one benefit of information technology is that it empowers people to do what they want to do. It lets people be creative. It lets people be productive. It lets people learn things they didn’t think they could learn before, and so in a sense it is all about
Mediation: Preparing to Mediate (part 1)
One of the least helpful assumptions about mediation is that it is ‘alternative’ to litigation. Mediation is a decision-making process which sits firmly in any litigation timeline and can take place before a claim is lodged with the court. Since the significant majority of claims issued are either dropped or
Lecture by Justice Jackie Kamau on ADR in the Judicial System
Hon. Lady Justice Jacqueline Kamau delivered a public lecture on ADR in the Judicial System on the 17th of April 2018 at the Strathmore University. Hon. Lady Justice Kamau is a chartered arbitrator and an accredited mediator. She is also a member of the Integrated Court Management Committee that is charged
3rd May 2018: Mediation Case Workshop
The 1st Edition of the Mediation Case Workshop was held on the 3rd of May 2018 at Strathmore University. The Mediation Case workshop is an opportunity for mediators to sharpen their knowledge in the field of mediation. Prior to the session, participants were required to prepare a 10-line response to a mediation case scenario,
20th – 26th June 2018: Mediation Training and Accreditation
The 2018 Mediation Training and Accreditation Program was held from the 20th to the 26th of June 2018. The program had participation with people from different sectors, an indication that more people are more open to mediation. The 2018 training saw psychologists, government practitioners, lecturers, lawyers, business owners, entrepreneurs, risk
The Ombudsman for Short Term Insurance: What you need to know
Established in August 1980, the Office of the Ombudsman for Short Term Insurance (OSTI) provides consumers with a free, efficient and fair dispute resolution mechanism. It is an independent office, appointed to serve the interests of the insured public and the short-term insurance industry. Its mandate is to perform the
4th September 2018: SDRC/SLS Mediation Moot
3rd year law students, undertaking the Alternative Dispute Resolution class, at the Strathmore Law School had the chance to put their knowledge into practice through the Mediation Moot. The Mediation Moot was a simulation of a fictitious case. The students, who were acting as parties to the dispute, had the
2nd August 2018: Mediation Case Workshop
The 2nd Edition of the Mediation Case Workshop was held on the 2nd of August 2018 at Strathmore University. This workshop was unique as there was an open session by Prof. Daniel Dana, Founder of Mediation Training Institute, USA. Prof Dana made a presentation of the Promise of Mediation and
25th – 27th July 2018: Mediation Conference
SDRC hosted the Mediation Conference from the 25th – 27th of July 2018 in partnership with Dispute and Conflict Resolution International. The conference was the first of its kind in Kenya, gathering mediators from different areas to discuss the future of mediation in Kenya. The Conference was themed, “Mediation for