Dr. Alice Gikandi (PhD) | info@idealcounsellingconsultants.co.ke | +254 722 821 065

Mediation as an Alternative Dispute Resolution (ADR) Service

A structured, voluntary, and confidential process that helps parties resolve disputes respectfully, efficiently, and privately — without the strain of litigation.

What is Mediation?

Mediation is a structured, voluntary, and confidential process facilitated by a neutral third party (the mediator).

Collaboration

Focuses on collaboration instead of confrontation — helping parties communicate effectively.

Understanding

Encourages understanding instead of blame or judgement — clarifying facts, concerns, and interests.

Win / win outcomes

Creates mutually acceptable agreements that are recognized and enforced as binding court judgements. The mediator does not impose decisions — parties remain in control.

Mediation is an ADR strategy

Mediation is one of the Alternative Dispute Resolution (ADR) strategies. ADR is widely encouraged because it reduces court backlog, saves time, preserves relationships, and promotes amicable settlements. In Kenya, ADR is supported by the Judiciary of Kenya as part of access to justice reforms.

Conflict Resolution

Conflict is natural — unresolved conflict can escalate, damage relationships, and create emotional distress.

How we support resolution

  • Creating a safe and structured dialogue environment
  • Clarifying misunderstandings
  • Identifying underlying interests, facts, and concerns
  • Guiding parties toward practical mediation agreements/settlements

What it’s really about

Conflict resolution is not about proving who wins — it is about finding solutions that work for all parties involved.

Types of Mediation

Choose the approach that fits your situation — within the judicial system or privately outside court.

Court Annexed

Court Annexed Mediation

A structured mediation process conducted within the judicial system. Cases filed in court may be referred to mediation before proceeding to full trial.

Key features

  • Supervised under the Judiciary framework
  • Confidential process
  • Legally recognized settlement agreements
  • Faster resolution compared to trial

Benefits

  • Reduced legal costs
  • Faster settlement timelines
  • Preservation of relationships
  • Reduced emotional strain
Private

Private Mediation

Occurs outside the court system and is initiated voluntarily by the disputing parties.

Suitable for

  • Family disputes
  • Business disagreements
  • Workplace conflicts
  • Partnership disputes
  • Land and property disagreements
  • Community disputes

Benefits

  • Flexible scheduling
  • Greater privacy
  • Tailored solutions
  • Informal and less intimidating process
  • Often quicker and more cost-effective

My Mediation Approach

A structured yet compassionate environment that supports sustainable agreements.

Process

I facilitate structured dialogue, clarify issues, explore options, and support parties to reach practical, mutually acceptable agreements.

Principles of Mediation

Our mediation approach is guided by core principles that ensure fairness, safety, and effective resolution.

Voluntary Participation

Participation is entirely voluntary. Parties are free to engage in the process and may withdraw at any time without obligation.

Self-Determination

Clients retain full ownership of the process and outcomes, working together to develop mutually agreed-upon solutions.

Confidentiality

All discussions remain private and are not disclosed or used in court, except where required by law.

Impartiality & Neutrality

The mediator remains unbiased, with no favoritism or conflict of interest, ensuring a fair and balanced process.

Solution-Focused Approach

The process emphasizes future solutions and shared interests rather than assigning blame for past events.

Empowerment & Safety

A safe and respectful environment is created where all parties can communicate openly and express their perspectives.

Flexibility

The mediation process is adaptable and tailored to meet the unique needs of each situation and individual.

When Should You Consider Mediation?

You may consider mediation when:

  • Communication has broken down
  • Emotions are high but parties are willing to talk
  • You want to avoid lengthy and intimidating court processes
  • You want to preserve relationships
  • You need a neutral professional to facilitate discussion