Frequently Asked Questions


Do I need to be a lawyer to train in Mediation?

Mediation is not a legal or judicial skill. It is not necessary for a mediator to be a lawyer or a judge or to be conversant with the law.

The need for trained Mediators grows from day to day, as disputes arise. As more and more people appreciate the disillusionment of resorting to litigation, we can expect the demand for Mediators to grow.

As the Judiciary extends its use of mediation to rural areas many more qualified Mediators will be needed.


Is Mediation the same as Arbitration?

In mediation, the parties involved in the dispute retain the right to decide whether or not to agree to a settlement.

The mediator has no power to impose a resolution, other than the power of persuasion. All settlements reached through mediation are memorialized in a written settlement agreement. On the other hand, in arbitration, the parties give the power to decide the dispute to the arbitrator.

Evidence and argument are considered, and a written arbitration award issued. The process can be as formal or informal as the parties’ desire. Resolution of civil disputes through arbitration or mediation is private, less expensive and more efficient than trial in the courthouse.


Is Mediation acknowledged by the law?

Article 159(2)(c) of the Constitution of Kenya recognises mediation and encourages it as a form of dispute resolution to be applied by courts.

taking the 40 hour mediation training, you can get approach the Mediation Accreditation Committee (MAC) for accreditation as a court- mandated mediator.