Gregory Kinyae
1.0 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS (ADRMs)
These are the common methods of dispute resolution out of courts:
a) Arbitration
b) Mediation
c) Negotiation
d) Ombudsman
e) Early Neutral Evaluation (ENE)
f) Mini-trial
g) Expert Determination
h) Adjudication
i) Traditional/ Customary Dispute Resolution
1.1 Arbitration
This is an out of court method of settlement of civil disputes by an Arbitral Tribunal, which
makes arbitral awards as opposed to judgments. The law relating to arbitration in Kenya is
contained in the Arbitration Act.
Under the Act, an arbitration agreement is an agreement between parties to refer to the
arbitration all, or certain parts of the dispute arising between them. The tribunal must be seen to
be disinterested and unbiased in the matter affecting the parties. Every party to the dispute must
be given a fair opportunity to present his case and to answer the case of his opportunity. An
arbitration agreement must be written, it may take the form of a detailed agreement or a clause in
the agreement.
The Arbitration Act governs both national and international disputes.
Methods of reference to Arbitration
Parties to the agreement
An Act of Parliament, especially when the issue involves governments
A court of law with consent of the parties involved.
©Gregory Kinyae 2020 Page 1
1.0 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS (ADRMs)
These are the common methods of dispute resolution out of courts:
a) Arbitration
b) Mediation
c) Negotiation
d) Ombudsman
e) Early Neutral Evaluation (ENE)
f) Mini-trial
g) Expert Determination
h) Adjudication
i) Traditional/ Customary Dispute Resolution
1.1 Arbitration
This is an out of court method of settlement of civil disputes by an Arbitral Tribunal, which
makes arbitral awards as opposed to judgments. The law relating to arbitration in Kenya is
contained in the Arbitration Act.
Under the Act, an arbitration agreement is an agreement between parties to refer to the
arbitration all, or certain parts of the dispute arising between them. The tribunal must be seen to
be disinterested and unbiased in the matter affecting the parties. Every party to the dispute must
be given a fair opportunity to present his case and to answer the case of his opportunity. An
arbitration agreement must be written, it may take the form of a detailed agreement or a clause in
the agreement.
The Arbitration Act governs both national and international disputes.
Methods of reference to Arbitration
Parties to the agreement
An Act of Parliament, especially when the issue involves governments
A court of law with consent of the parties involved.
©Gregory Kinyae 2020 Page 1
