Frequently Asked Questions

Welcome to our Frequently Asked Questions page, designed to provide quick and clear answers to the most common questions about Court-Annexed Mediation (CAM) in Kenya. We understand that navigating the legal system can be complex, and we’ve compiled this resource to help you better understand the process, its benefits, and what to expect. Whether you’re a litigant, an advocate, or simply curious about this alternative dispute resolution method, you’ll find the information you need right here.

What is the cost of Court-Annexed Mediation?

For cases referred to mediation directly by a court in Kenya, the services of the accredited mediator are provided free of charge to the parties. The Judiciary covers the mediator's fees as part of its initiative to promote accessible justice and decongest the courts. However, you may still incur other related costs, such as your own advocate's fees, and any agreed-upon expenses like the hiring of a neutral expert. This cost-effectiveness is a major advantage of CAM compared to traditional litigation.

Is legal representation required for mediation?

While you are not required to have a lawyer present during a mediation session, it is strongly advised. An advocate's role is not to litigate, but to advise you on your legal rights and obligations, helping you understand the mediation process and any proposed settlement terms. Having legal counsel ensures that any agreement reached is fair, legally sound, and protects your best interests. Your advocate can also help you prepare for the session and articulate your position effectively.

What happens if a mediation fails?

If a mediation session does not result in an agreement, the case will be referred back to the court to proceed with the traditional litigation process. The mediator will file a report with the court indicating that no settlement was reached. Crucially, all discussions, documents, and proposals made during the mediation are confidential and cannot be used as evidence in the subsequent court proceedings. This ensures that parties can participate in mediation freely, without fear of their statements being used against them later. The case then continues as if the mediation had never occurred, with the option for the court to order further mediation if deemed appropriate.