Kenya ADR Law :Methods for Resolving Conflicts and Disputes

RESOLVING CONFLICTS AND DISPUTESWhat Are Your Options:We are all familiarwith the most traditional dispute-resolution process of our civil justice system: litigation and trial with a judge or jury deciding who is right or wrong - wheresomeone wins and someone loses. However, there are many other options available. Negotiation, mediation and arbitration - often called ADR or alternative dispute resolution- are the most well-known.Whether you are involved in a family or neighborhood dispute or a lawsuit involving thousands of dollars, these processes should be considered. They are often the more appropriate methods of dispute resolution and can result in a fair, just, reasonable answer for both you and the other party. Settlement and compromise have long been favored in the legal system. In fact, most cases that are filed in a court do settle. Only five percent of all cases filed go to trial. ADR procedures are excellent options for you in dealing with controversy, allowing you to reach resolution earlier and with less expense than traditional litigation. In fact, many courts require parties to consider some form of ADR before going to trial. The following processes describe ways toresolve disputes.

NEGOTIATION
Definition:Negotiation is the most basic means of settling differences. It is back-and-forth communication between the parties of the conflict with the goal of trying to find a solution.

The Process:
You may negotiate directly with the other person. You may hire an attorney to negotiate directly with the other side on your behalf. There are no specific procedures to follow - you can determine your own - but it works best if all parties agree to remain calm and not talk at the same time. Depending on your situation, you can negotiate in the board room of a big company, in an office or even in your own living room.Negotiation allows you to participate directly in decisions that affect you. In the most successful negotiations, the needs of both parties are considered. A negotiated agreement can become a contract and be enforceable.

When and How Negotiation Is Used:
Mostpeople negotiate every day. In some circumstances you may want the help of a lawyer to help you negotiate a fair deal. Negotiation is the first method of choice for problem-solving and trying to reach a mutually acceptable agreement. If no agreement is reached, you may pursue any of the other options suggested here. This process can be appropriately used atany stage of the conflict - before a lawsuitis filed, while a lawsuit is in progress, at the conclusion of a trial, even before or after an appeal is filed.

Characteristics of Negotiation:
*.Voluntary
*.Private and confidential
*.Quick and inexpensive
*.Informal and unstructured
*.Parties control the process, make their own decisions and reach their own agreements (no third party decision maker)
*.Negotiated agreements can be enforceable
*.Can result in a win-win solution