An appraisal of mediation as alternate dispute resolution in Kenya

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Kampala International University, College of Humanities and Social Sciences
The purpose of this study was to appraise the different methods used in conflict resolution as opposed to litigation, and make recommendations to the Proposed Amendments to introduce Alternative Dispute Resolution and Case Management in Kenya This study sought to assess the views on mediation as an alternative method to dispute resolution, and also to consider whether mediation should be adopted as an alternative dispute resolution in judicial proceedings. The research was a cross-sectional with both explanatory and descriptive approaches. The target population was the Judicial Officers; Administrators of institutions, local leader including faith based organizations and other citizens. The population of the study was 301 residents of Nairobi, Kenya. The study employed the purposive sampling of all groups because it was difficult to randomly sample public officials and the personnel involved in judiciary processes. The questionnaires were administered to the respondents by the help of trained research assistants. Data analysis method was based on qualitative and quantitative approach using Excel and Statistical Package for Social Sciences (SPSS) program. The results were presented in graphs, pie charts and frequency tables. The major finding in the study was that there were several alternative methods of dispute resolution. The long period of time that court cases took before their conclusion was majorly~ due to corruption, misconduct of the judges, involvement of judges in politics and abuse of office by judges, as well as fewer judges as compared to the many cases in court, lack of evidence, and the nature of the civil case. Implementation of mediation was more effective than litigation, especially due to its simplicity, less cost involved, less time consuming and also promoted peace. Lack of awareness on the proposal to amend the civil procedures rules to provide for mediation as dispute resolution mechanism, resulted into most opinions that mediation be made voluntary. Corruption, injustices and unfairness of the judges as well as lack of reforms in courts were the main consequences of dissatisfaction on the outcome of court cases. As a result, the dissatisfaction led to the recommendation for Alternative Dispute Resolution (ADR).
A thesis submitted to the school of postgraduate studies in partial fulfillment of the requirements for the award of tiff degree of Master of Arts degree in conflict resolution of Kampala International University
Dispute resolution, Appraisal of mediation