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Almost 100,000 lawsuits are filed in Kenya each year. After millions of shillings in advocate's fees, expert fees, millions of lost hours, and thousands of destroyed relationships, about 50% of those cases are settled out of court without ever even going to trial.
This is an embarrassing waste. When a dispute arises, our first instinct is to say "SEE YOU IN COURT ď It doesn't have to be this way. Instead, we should make mediation our first choice and arbitration or litigation our last resort.
When people hear the word "mediation", they often think it's "meditation".
Mediation has nothing to do with the sitting in a "lotus" position and humming a mantra.
Mediation is the alternative to litigation. It's another way of saying "You mean, I
don't have to go to court?" That's right - it means you don't have to go to court.
It's a process that brings people together in direct negotiation to resolve a dispute with the help of a neutral third party. The process is informal, and allows the parties to express their opinions about the issues, consider alternative creative solutions and reach results they want directly with each other instead of doing it before a judge.
The best time to start mediation is when the dispute first arises, before positions
Have hardened when accusations are being thrown back and forth at each Other.
The process is completely voluntary. If the mediation is not successful, the parties still have the right to go to court. It's private. No one outside the parties need to even know there is a dispute. It's confidential. The parties are free to suggest solutions and options that are different from what they would demand in a lawsuit. They can offer these options without fear of their being used against them if the dispute does end up in court. Mediation is faster, less emotionally stressful, and much less expensive than litigation. Best of all, the parties decide their own future, not a judge or court room full of strangers. The parties create their own settlement to their satisfaction. Advocates and the mediator can offer alternatives for them to consider, but the parties themselves work together to reach a workable agreement that meets their needs for the future. When this happens, positive long term relationships can be preserved.
While there is no guarantee that mediation will solve every problem, there is an
Extraordinary record of success where it has been used.
If 50% of all filed lawsuits are settled before trial, doesn't it make more sense to
try to settle them at the outset before incurring huge legal costs and totally destroying
Relationships? Mediation is the smart alternative to litigation.
Association of Young Mediators Profile
Association of Young Mediators Registration Form
Professional Mediation Course Programme
Advanced Mediation Training Programme
Events Calenda year 2020
Press Release December 2019
Open Letter to Chartered Mediators (Kenya and Uganda)
Accreditation System for Professional Mediators 2019
Advanced Registration Form
IMI Mediator Qualifying Assessment Program (QAP)
Organisation Profile 2018
Mentorship Guidelines for MTI (I) EA Professional Mediation Mentees
Application for Mentor Status
Mediation Skills for Resolving Conflicts at the Workplace
10 Reasons Why you need Mediation
The Mediation Process
INVOLVED IN A DISPUTE? TRY MEDIATION, NOT LITIGATION.
New Prof Mediation Training Calender 2019
Mediation Training Program 2018 to 2022
Mediation Training Calenda 2018
MTI East Africa Registration Form-2
New Professional Mediation Program - 2017 - 2018
Accreditation System for Professional Mediators
MTI East Africa Registration Form 2
NEW MTI Mediation Feedback Form
New MTI Self Evaluation Form
NEW MTI E.A CODE OF CONDUCT 2018
NEW MTI EAST AFRICA ORGANIZATION PROFILE 2018
NEW MTI MEDIATION FEEDBACK FORM 2018
NEW-MTI REMUNERATION FOR MEDIATORS 2018
NEW MTI ACCREDITATION CERTIFICATION SYSTEM 2017 - 2018
OPTION 1 PROFESSIONAL MEDIATION PROGRAM 2017 - 2018
OPTION 2 50 HOUR PROGRAM 2017 - 2018
Remuneration for Mediators 2016
NEW MTI REMUNERATION FOR MEDIATORS 2015