ADR 101: INTRODUCTION TO ALTERNATIVE DIPUTE RESOLUTION

Disagreements are a part of life, but going to court isn't always the best or only way to solve them. That’s where Alternative Dispute Resolution (ADR) comes in. In this blog post, we’ll break down what ADR is, why it’s important, and the common forms it takes in Kenya.

 INTRODUCTION 

Alternative Dispute Resolution, or ADR, refers to different ways people can resolve conflicts without going to court. As Brown and Marriott explain, it involves a variety of methods that help parties settle their disputes with the support of a neutral third party: someone who isn’t on either side. Instead of battling it out through long, expensive court processes, ADR gives people a chance to find common ground and reach an agreement in a more peaceful and practical way.

 According to Article 159 of the Kenyan Constitution, when courts and tribunals are carrying out their duties, they should be guided by certain principles. One of these is the promotion of alternative ways of resolving disputes so long as they do not go against the law.

IMPORTANCE OF ADR

In the context of modern legal practice, ADR has helped make justice more accessible by lowering the costs and stress that come with going to court. It also helps reduce the number of cases in court, making the legal process faster and easing the pressure on the court system. One of the key advantages of ADR lies in their ability to foster collaboration and open communication between disputing parties, preserving relationships and facilitating creative problem-solving. 

COMMON FORMS OF ADR IN KENYA

  1. Arbitration- This method is a lot like going to court. Each side presents their case to a neutral third party, who is given the power to make a final decision that both sides must follow. The neutral person is chosen by both parties and is usually someone with expertise in the subject of the dispute.
  2. Negotiations- It’s a process where two or more people try to find a middle ground and agree on a solution to a problem or issue they’re both concerned about.
  3. Mediation- This method mirrors arbitration in all aspects except one; the neutral party in this method does not impose a solution or give legal advice. The mediator (a neutral party) listens to both sides, points out the interests and/or needs of the parties, then helps the disputing parties to agree on a solution.
  4. Conciliation-  In this method, the neutral party (the conciliator) can give his/her opinions and views to the disputing parties, including options for settlement.
  5. Traditional Dispute Resolution Mechanisms (TDRMs)- These are customary practices used to resolve disputes within specific communities or ethnic groups. The Constitution of Kenya mandates the courts to promote these mechanisms

THE IMPORTANCE OF A NEUTRAL THIRD PARTY IN ADR 

  • Promotes fairness in the mediation process- Neutrality ensures that mediators and arbitrators remain free from favoritism or external influence. Without it, arbitration decisions could be skewed, and mediation processes could be manipulated to pressure one party into accepting an unfair outcome.
  • Enhances trust in the conflict resolution process- For dispute resolution to be effective, all parties must trust that the process is fair and unbiased. The appearance of neutrality builds confidence that outcomes are reached through structured negotiation rather than biased intervention.

ADR offers a simpler, more peaceful way to handle disputes without the stress and cost of court battles. It not only saves time but also helps maintain relationships and reduce pressure on our courts. In the next post, I’ll continue exploring ADR in more detail, so stay tuned!

 

 

Disclaimer- The information provided is for general informational purposes only and should not be considered as professional advice. Please consult a qualified professional for specific guidance. 


REFERENCES 

Njuguna, H. M. (2019, July). Application of Alternative Dispute Resolution Mechanisms in the Hospitality Industry. Kenya Association of Hotelkeepers and Caterers

RapidRuling. (2025, March 5). The role of neutrality in mediation and arbitration: Why it matters.

Kenyan Law. Alternative Dispute Resolution Methods.

 

 

Comments

  1. Chris JordanMay 16, 2025 at 11:27 AM

    Very educative. Pure passion on paper display. Heko Sana Abigael

    ReplyDelete
  2. AnonymousMay 16, 2025 at 11:40 AM

    This is very informative Abigael.

    ReplyDelete
  3. Abigael MokuaMay 16, 2025 at 11:43 AM

    😊

    ReplyDelete
  4. AnonymousMay 16, 2025 at 2:40 PM

    Keep it up Abigael.

    ReplyDelete

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