Court Annexed Mediation Rules 2022

The Civil Procedure (Court-Annexed Mediation) Rules, 2022 are the legal foundation that governs the entire Court-Annexed Mediation (CAM) process in Kenya. These rules provide a clear, step-by-step framework to ensure that mediation is conducted in a structured, fair, and legitimate manner. They cover every stage of the process, from the initial referral of a case from court to the final enforcement of a settlement agreement. These rules were created to formalize mediation as a key component of the justice system, helping to decongest courts and provide an efficient, alternative pathway for resolving disputes.

A few of the most important provisions in the CAM rules include timelines and attendance, confidentiality, and enforceability. The rules set a strict timeline, requiring the mediation process to be concluded within 60 days of a case’s referral, with a short extension of up to 10 days if needed. They also mandate that parties themselves must attend the sessions, either in person or virtually, to ensure genuine participation. To promote open dialogue, the rules strictly enforce confidentiality, stating that anything said or produced during a mediation session is inadmissible in court if the case proceeds to trial. Finally, and most critically, the rules establish that a settlement agreement reached through mediation, once adopted by the court, becomes a legally binding consent judgment that is enforceable just like any other court order.