Mediation is one of the ways that is being used currently in Kenya in solving some of court cases. This is mostly done in High Court. cases that have stayed in court for a long time, without the ruling being made can be solved through mediation.
Mediation solves cases like succession of property and that includes land. Other family conflicts can also be solved by mediation. This is because the procedure gives the defendant and the plaintiff a chance to make an agreed decision without any influence.
Mediation is the negotiation between disputing parties with the assistance of a neutral third party. The third party or individual is impartial and will not influence the disputing parties to make any decision; the person in this case is the mediator. He or she will facilitate the disputing parties in reaching a decision but cannot make a decision for them.
Mediation has advantages as explained by Martha who is a mediator in Kenya and facilitates mediation process in different courts. Mediation saves time, that’s in reaching a consensus unlike going through court procedures. The disputing parties are also given mandate to make the decision by their own.
In a case of a family conflict, the family relationship is restored as mediation gives them a chance as a family to resolve their issues thus maintaining family relationship. Mediation at the same time is confidential and cost effective as compared to normal court procedures. It’s only the mediator and the disputing parties that take part in the mediation process.
Mediation also fulfills the interests of both disputing parties.
Mediation therefore is being used widely in Kenyan courts today to resolve cases that have stayed even for more than ten years.
By Diana Wangila