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What is the role of Alternative Dispute Resolution (ADR) in Kenya
Discuss the effectiveness of ADR methods like arbitration and mediation in resolving legal disputes in Kenya
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Comments:
Winfred
said:
In Kenya, Alternative Dispute Resolution (ADR) methods contribute to enhanced justice by all, especially the poor. Enhanced access to justice establishes the Rule of law. Unlike the litigation process which offers formal mechanism for conflict management, ADR offers a non- formal approach to dispute resolution, which makes it more effective in that.
i) It is cost-effective due to lower legal fees which enhances justice to all even the poor who cannot afford the high fees for hiring a lawyer.
ii) It enhances privacy and confidentiality of the process and the parties.
iii) It requires parties to work towards a mutually acceptable solution, unlike litigation which is more adversarial.
iv) Parties have more control which includes choosing who will preside over the dispute and the method to use, decision-making power and procedural flexibility on how the process will be conducted including the timeline and the rules of evidence.
v) It is less time- consuming compared to litigation which can take over years in court.
In fact, a large number of disputes are resolved through the Alternative Dispute Resolution Methods before being lodged in court in cases where the ADR methods fail.
N/B: It is advisable to consider the ADR mechanism first before lodging a legal proceeding. However, seeking legal advice from a professional should be prioritized.
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