Feuding members of the public have been urged to consider and embrace mediation as an alternative dispute resolution mechanism.
A Murang’a based professional mediator Duncan Gachuhi, observes that mediation often seeks to find a peaceful lasting solution to a disagreement which may be either personal, financial, political or even emotional.
He notes that Article 159 2 (c) of the constitution of Kenya has provided for the framework for mediation by mandating the judiciary to promote alternative dispute resolution in the administration of justice.
“The courts in Kenya have fully embraced mediation and other forms of ADR as a means to expand access to justice and therefore people should not hesitate to seek mediation services when recommended by the courts through court annexed mediation.
Gachuhi observes that mediation focuses on collaboration and understanding of the dispute or conflict thus preserving relationships by finding mutually beneficial solutions to the conflict.
“For instance if two neighbors are warring over a boundary and the conflict escalates to a physical fight whereby one is injured and files a case over assault and the neighbor is arrested, chances are one will end up behind bars but once he\she is through with the sentence they will go back home and the feud will brew even further probably even leading to death “he points out adding that,
“But if these two seek the services of a mediator to resolve the boundary conflict a permanent, peaceful and mutually beneficial solution will be found as the disputants will come to a consensus on their own and their relationship as neighbors will be preserved”
Gachuhi further notes that the mediation process is informal, flexible and confidential as the mediators do not disclose any information revealed during the process.
“It is also cost effective and more affordable than traditional legal processes which take years to be resolved due to the huge number of cases being handled” he says
He also urges young people to consider mediation as a career path as many law firms are considering employing professional mediators to facilitate the resolution of legal disputes minimizing court litigation.
“Organizations are also embracing mediators to manage conflicts among employees fostering a collaborative work environment”.
By Florence Kinyua
