Judiciary proposes mandatory mediation before court option

ADR Mediación2018 | Enero 14
The Judiciary is in talks with other stakeholders over the possible introduction of mediation as a mandatory primary step in handling civil disputes before they are filed in court.

In an exclusive interview with the Sunday Nation, Justice Ochieng, who co-chaired the Alternative Disputes Resolution Taskforce, said litigants will be required to file proof as to having sought mediation or any other form of alternative disputes resolution.

Judiciary proposes mandatory mediation before court option – Daily Nation


Un pensamiento en “Judiciary proposes mandatory mediation before court option

  1. Can’t get society to mediate? Simple solution: force them to do so. However, Kenya does not seem to be willing to cross the line into mandating that parties reach an agreement to the point of having to articulate in a court of law why settlement offers are either presented or rejected. Any policy in that regard, to that extent, would be –my opinion—an outright assault on the parties’ freedom and right to “settle” in litigation. This said, thumbs up to any initiative promoting the use of mediation but, please, not overzealously.

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