The Parklands Diary

  Image by Lux Mediation Abstract Alternative Dispute Resolution (ADR) mechanisms have a significant role in labour and employment disputes within the Kenyan context. There is a need to emphasize the impact of human resources as a crucial asset in the workplace, necessitating the need for fair and just labour practices. Various international and Kenyan legal frameworks, such as the International Labour Organization (ILO) standards and the Kenyan Constitution call attention to the protection of labour rights, the promotion of collective bargaining, and the establishment of courts for labour-related disputes. We delve into alternative dispute resolution methods as recommended by Article 159 of the Kenyan Constitution and their contribution in the labour and employment field. Particularly, we capture the prevalence of the use of mediation, as an ADR mechanism in this particular field. We also underline its ability to facilitate open communication and negotiation as well as i...

When it comes to resolving legal disputes, the traditional approach has often been to go to court, but that can be an expensive and time-consuming process. Fortunately, there's a better way, and Kenya is leading the way with its new court-annexed mediation rules that promise to revolutionize the way disputes are resolved. As the legal landscape in Kenya continues to evolve, the role of mediation in dispute resolution is becoming increasingly important. The new court-annexed mediation rules 2022, which replace the previous Mediation Practice Rules 2017, represent a major step forward in promoting the use of mediation as an effective means of resolving disputes. These rules not only align with Article 159(2)(c) of the constitution, but they also prioritize access to justice for all citizens. Mediation has long been recognized as a valuable tool for resolving disputes outside of court. It provides parties with a confidential and cost-effective means of reaching a mutually agreeable ...