The CIArb Kenya Branch deals in all forms of alternative dispute resolution (ADR), and its’ Members are experienced in offering arbitration, conciliation, mediation and adjudication services, and other forms of ADR as requested by parties.
Arbitration is a non-judicial process for the settlement of disputes where an independent third-party, an arbitrator, makes a binding decision. The role of an arbitrator is similar to that of a judge, though the procedures are less formal, and arbitrators are often an expert in their own right.
A core principle of mediation is that the parties ‘control’ the outcome, rather than having it imposed upon them. The mediator will facilitate dialogue and communication between the parties in a structured way, assisting them to reach a voluntary settlement. The mediator has no decision-making power; therefore, the dispute is resolved on the parties’ own terms.
Adjudication is a simple and efficient method of settling disputes, without resorting to lengthy and expensive court procedure. Adjudication has become the construction industry’s preferred method of dispute resolution, as it recognizes the nature of the disagreements that arise within the construction sector. Adjudication involves an independent third party considering the claims of both sides and making a decision. It is a time-sensitive process, with adjudicators making a decision within 28 days. The result of the adjudication process is a judgment and court opinion that is legally binding, and unless revised by arbitration or litigation there is no right of appeal.
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