Alternative Dispute Resolution

At Adhiambo Okech & Associates Advocates LLP, we are committed to resolving disputes in a manner that is efficient, equitable, and harmonious. In line with Article 159 of the Constitution of Kenya, which emphasizes the use of Alternative Dispute Resolution (ADR) mechanisms, we offer specialized services in Arbitration, Negotiation, Mediation, and Conciliation. Our goal is to provide effective and timely solutions to conflicts, avoiding the time-consuming and costly litigation processes.

Constitutional Basis: Article 159 of the Constitution of Kenya

Article 159(2)(c) of the Constitution of Kenya provides that in exercising judicial authority, courts and tribunals shall be guided by the principle of promoting alternative forms of dispute resolution, including reconciliation, mediation, arbitration, and traditional dispute resolution mechanisms.

In alignment with this constitutional principle, AOAA LLP offers comprehensive ADR services, including:

1. Arbitration
2. Mediation
3. Negotiation
4. Conciliation

Our ADR Services

1. Arbitration

Our arbitration services include:

• Representing clients in domestic and international arbitration proceedings
• Serving as arbitrators in various disputes
• Drafting and reviewing arbitration clauses
• Enforcing arbitral awards
• Investment Arbitration: Protecting the interests of investors and ensuring their rights are upheld in disputes with state entities or other parties.
• Advising on the Arbitration Act, 1995 and its application

2. Mediation

We offer expert mediation services, including:

• Acting as mediators in a wide range of disputes
• Representing clients in mediation proceedings
• Training in mediation skills and techniques
• Advising on the Mediation Bill, 2020, and its implications

3. Negotiation

Our negotiation services encompass:

• Representing clients in high-stakes negotiations
• Providing negotiation strategy and advice
• Conducting negotiation training workshops
• Drafting and reviewing negotiation agreements

4. Conciliation

We provide conciliation services, including:

• Acting as conciliators in various disputes
• Advising on the conciliation process
• Drafting conciliation agreements
• Representing clients in conciliation proceedings

Our Approach

AOAA LLP’s approach to ADR is characterized by:

1. Constitutional Compliance: We ensure all our ADR processes align with Article 159 of the Constitution and other relevant laws.
2. Cultural Sensitivity: We recognize and respect Kenya’s diverse cultural context in our ADR practices.
3. Efficiency and Cost-effectiveness: We strive to resolve disputes swiftly and economically.
4. Flexibility: We tailor our ADR processes to meet the specific needs of each case and client.
5. Confidentiality: We maintain the highest standards of confidentiality in all ADR proceedings.

Key Practice Areas

We offer ADR services across various sectors, including:

• Commercial and Business Disputes
• Employment and Labor Relations
• Family Law
• Land and Property Disputes
• Intellectual Property Conflicts
• Construction and Infrastructure Disputes
• Energy and Natural Resources Conflicts