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 1 on a pilot basis before being postponed to this week to enable the Judiciary find convenient space.
High Court commercial and admiralty division presiding judge Fred Ochieng said the courthouses did not have any extra room for the project.
“The courtroom space is not the ideal setting for mediation to take place, it tends to be overwhelming to the parties.
“We are looking for office space near the High Court in Milimani or within the (Nairobi’s) central business district,” said Mr Justice Ochieng.
Aside from having the conducive atmosphere space sought from the private sector needs to be easily accessible for parties, he added.
According to the new rules gazetted by Chief Justice Willy Mutunga last October, every civil action instituted in court will forthwith be subjected to mandatory screening by the deputy registrar and those found suitable may be referred for mediation.
With the parties being informed of this referral in seven days after the screening is concluded.
Mr Justice Ochieng said the registry had already started sieving through the new cases to identify those suitable for mediation which they would be recommended once the project kicks off.
The deputy registrar would then nominate three mediators with the parties choosing their preferences of the nominees in order of priority. With all mediation proceedings shall not exceed 60 days from the date of commencement.
For the parties than have gone for mediation and either failed to totally agree or disagreed on a particular issue in dispute, they will be required to proceed to the court with a certificate from the mediator stating the extent of the problem and the issues that had been settled.
The details discussed before the mediator will not be repeated before court unlike in failed arbitration disputes.
According to the fees guidelines published last week by the chairman of the arbitration centre Arthur Igeria, each mediator will take home Sh5,000 per hour or Sh15,000 per mediation session and a further Sh1,000 per hour for review of documents and related works.
The party that initiates the arbitration has to pay Sh1,000 for registration and Sh10,000 as administrative fees.
During the pilot stage, parties will not be required to pay for the services of the mediator because the costs would be met by the Judiciary and some development partners.
“If we are not able to find a convenient space, then we will have to consider going the arbitration way, where the mediators can use their own office space for the sessions,” Justice Ochieng said.
The project is meant to ease pressure on the Judiciary that is swamped by a backlog of cases.
