Frequently Asked Questions
Everything you need to know about family law mediation, arbitration, and the DMS-ADR process.
Why is Family Law Mediation or Mediation/Arbitration often superior to resolving disputes through court?
The answer lies in three key advantages: it is faster, cheaper, and better. These processes provide families with control, flexibility, and privacy that traditional court systems often lack.
How is Mediation/Arbitration faster than going to court?
Court processes are often lengthy due to heavy caseloads and limited court dates. Mediation or Arbitration can be completed quickly — depending on the availability of the spouses and the Mediator/Arbitrator. There is no waiting for court schedules or dealing with adjournments beyond the parties' control.
Why is Mediation/Arbitration more cost-effective?
Courts use a rigid, document-heavy approach that can be expensive. In Mediation/Arbitration, the spouses and Mediator/Arbitrator customise the process to suit their situation. The process can be brief or detailed as needed, significantly lowering legal and administrative costs. Reduced lawyer involvement and shorter timelines lead to major savings.
What makes the outcomes better than those from court?
Enhanced control: Spouses actively participate in selecting the Mediator/Arbitrator, shaping the process, and influencing outcomes. Consistency: One professional handles the entire matter. Creative solutions: Mediation/Arbitration allows win-win outcomes tailored to the family's unique circumstances. Privacy: Unlike court, these processes are private and confidential.
Who can serve as Mediators or Arbitrators?
Qualified Mediators and Arbitrators are typically experienced family law professionals or retired judges, specialists with formal training and certification in mediation and arbitration, and professionals bound by strict codes of ethics, ongoing education, and impartiality standards.
What is the step-by-step process?
Phase 1 — Mediation: Both spouses agree to work with a qualified Mediator/Arbitrator. A Mediation/Arbitration Agreement is signed. Parties disclose relevant documents and information. Mediation sessions encourage negotiation and mutual understanding.
Phase 2 — Arbitration (if needed): If mediation does not resolve all issues, the same professional transitions to arbitration. The arbitrator hears evidence and arguments. A binding award is issued, which is legally enforceable.
Are there situations where these processes may not be appropriate?
Yes. Where there is a significant power imbalance, a history of domestic violence, or where one party is unwilling to participate in good faith, mediation may not be appropriate. Our team will assess your situation and recommend the most appropriate process.
Do I need a lawyer for Mediation/Arbitration?
You are not required to have a lawyer, but you may choose to have one present or to consult one separately. Many parties find that having independent legal advice helps them make informed decisions during the process.
How are the costs structured?
Costs are typically shared between parties and are based on the complexity of the matter and time required. We provide transparent fee information upfront. Costs are generally significantly lower than court litigation.
Are the agreements and awards legally enforceable?
Yes. Mediated agreements, when properly documented and signed, are legally binding contracts. Arbitration awards are binding and enforceable in the same manner as court judgments under Kenyan law.
Is participation voluntary?
Mediation is voluntary — parties choose to participate. However, once an agreement to mediate is signed, parties are expected to engage in good faith. Arbitration, once agreed to, is binding and the arbitrator's decision is final.
What are the main benefits in summary?
Faster resolution, lower costs, greater control over outcomes, privacy and confidentiality, preservation of relationships, creative and tailored solutions, legally enforceable agreements, and reduced stress for all parties — especially children.