THE PLACE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN LABOUR AND EMPLOYMENT DISPUTES
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...