Kenya ADR Law : Types of Alternative Dispute Resolution

Alternative Dispute Resolution(ADR) has become an increasingly popular method of resolving disputes. As an alternative to litigation, ADR processes are typically less formal, more cost-effective, and are able to reach a settlement sooner than a civil trial. Kenyan Lawyers are skilled at facilitating alternative dispute resolution, such as the three methods listed below, to achieve a win-win solution.

1. Mediation
In mediation , an impartial individual called the “mediator” is brought to help the parties involved in disputescollaboratively brainstorm resolutions that are mutually acceptable. In the end, the parties, not the mediator, have control over the outcome of themediationproceedings.The mediator’s main role is to help the parties effectively communicate with each other by eliminating hostility and the emotions that are obstructing resolution. The decision made bymediationis usually non-binding and leads to further negotiations.
2. Arbitration
Arbitrations less formal than a trial, but it still utilizes arguments and a hearing. In an arbitration hearing, both parties present their arguments and evidence to a neutral third party called the “arbitrator.” After hearing both sides of the  dispute, the arbitrator, not the parties, gets to decide the outcome.Arbitrationcan be binding or non-binding. Non-binding arbitration means both parties can go to court if they are unsatisfied with the arbitrator’s decision. On the other hand, binding arbitration typically means the arbitrator’s decision is final and both parties waive their right to appeal.
3. Early Neutral Resolution
In Early neutral resolution, the “evaluator” serves as the impartial and credible third party overseeing thealternative dispute resolutionproceedings. After hearing arguments and analyzing evidence from both sides, the evaluator makes a judgement of the business dispute. The evaluator gives a non-binding opinion on the strengths and weaknesses of each party’s arguments, possible resolutions, as well as each side’s likelihood of winning if the case is brought to trial. If the parties decide against going to court, this opinion is used as a basis for further negotiations.In addition to the alternative dispute resolution processes mentioned above,there are many other types of ADR available to those looking to resolve business disputes as well as a wide range of other legal disputes.

Negotiation
In Negotiation, participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution. (NB – a third party like a chaplain or organizational ombudsperson or social worker or a skilled friend may be coaching one or both of the parties behind the scene, a process called "Helping People Help Themselves" –, which includes a section on helping someone draft a letter to someone who is perceived to have wronged them.)

Beyond the basic types of alternative dispute resolutions there are other different forms of ADR:
*.Case evaluation: a non-binding process in which parties present the facts and the issues to a neutral case evaluator who advises the parties on the strengths and weaknesses of theirrespective positions, and assesses how the dispute is likely to be decided by a jury or other adjudicator.
*.Family group conference: a meeting between members of a family and members of their extended related group. At this meeting (or often a series of meetings) the family becomes involved in learning skills for interaction and in making a plan to stop the abuse or other ill-treatment between its members.
*.Neutral fact-finding: a process where a neutral third party, selected either by the disputing parties or by the court, investigates an issue and reports or testifies in court. The neutral fact-finding process is particularly useful for resolving complex scientific and factual disputes.
*.Ombuds: third party selected by an institution – for example a university, hospital, corporation or government agency – to deal with complaints by employees, clients or constituents.Anorganizational ombudsman works within the institution to look into complaints independently and impartially.