Why Alternative Dispute Resolution is Growing in Kenya

Alternative Dispute Resolution (ADR) — including mediation, arbitration, and negotiation — is gaining popularity in Kenya as a faster, cheaper alternative to court litigation.

Why ADR?

Speed

Court cases can take years. Mediation can resolve disputes in weeks, arbitration in months.

Cost

ADR is significantly cheaper than full litigation. No prolonged court fees, fewer billable hours.

Confidentiality

Unlike court proceedings which are public, ADR processes are confidential.

Flexibility

Parties have more control over the process, timeline, and outcome.

Preservation of Relationships

ADR focuses on resolution rather than adversarial combat, which is ideal for ongoing business relationships.

When to Choose ADR

Commercial contract disputes

Employment grievances

Family disputes (especially custody)

Construction disputes

Landlord-tenant disagreements

Partnership dissolution

The Legal Framework

The Arbitration Act, 1995 and the Nairobi Centre for International Arbitration (NCIA) Act provide the legal framework for ADR in Kenya. Courts actively encourage parties to attempt ADR before proceeding to trial.

Our team includes certified mediators and experienced arbitration counsel. Contact us to explore ADR options for your dispute.