Introduction Mediation has emerged as a cornerstone of alternative dispute resolution (ADR), offering parties a flexible, confidential process to resolve conflicts without litigation’s adversarial grind. At its heart lies...
IP Disputes Overview IP disputes arise from patents, trademarks, copyrights, and trade secrets, often involving infringement, licensing breaches, or ownership claims. In Kenya and East Africa, these conflicts are...
Med-arb is a hybrid dispute resolution process that combines mediation and arbitration, offering a structured yet flexible approach to resolving conflicts efficiently. In Kenya’s insurance sector, where disputes over...
AI plays a transformative role in alternative dispute resolution (ADR) by improving efficiency, reducing costs, and enhancing accessibility. However, it also raises challenges regarding fairness, transparency, and the lack...
Christian faith-based mediation is deeply rooted in biblical teachings about reconciliation and peacemaking, with Jesus Christ serving as the ultimate mediator between God and humanity (1 Timothy 2:5). Key...
In Kenya, the procedure to register a private mediation settlement agreement in court is governed mainly by the Civil Procedure (Court-Annexed Mediation) Rules, 2022, and section 59D of the...
Child protection mediation is a specialized form of mediation used in child welfare cases where there are concerns about the safety, well-being, or care of a child. It is...
Mediation: Arbitration: Islamic Arbitration: Comparison Table: Aspect Mediation Arbitration Islamic Arbitration Nature Informal, voluntary Formal, binding Formal, binding within Sharia principles Decision Maker Mediator (facilitator) Arbitrator(s) (decision-maker) Islamic arbitrator(s)...
Feature Court-Annexed Mediation (CAM) Private Mediation Referral Cases are referred by the court after being filed. Initiated privately by the parties, either before or during litigation. Control Process is...
Sukuk, commonly referred to as Islamic bonds, are financial instruments used in Islamic finance that adhere to the principles of Shariah law. The word “sukuk” is derived from the...