Arbitration & ADR Lawyers in Nairobi | NCIA & KIAC | CS Advocates

An arbitrator decides the dispute and issues an award that is enforceable much like a judgment. A mediator helps the parties reach their own settlement and decides nothing; if mediation fails, the parties remain free to arbitrate or litigate. Arbitration suits disputes that need a determination. Mediation suits disputes where the parties want to preserve a relationship, control the outcome, or avoid the cost and publicity of a hearing. See mediation compared with arbitration and arbitration compared with litigation.

No. Choosing arbitration generally removes the merits from the courts. A court will not rehear the dispute. It can assist arbitration, for example by staying court proceedings brought in breach of an arbitration clause, or by enforcing an award. An award can only be challenged on the limited grounds in the Arbitration Act, such as the tribunal lacking jurisdiction or a serious procedural irregularity, and the window to do so is short. See enforcing and setting aside an award.

Cost depends on the institution, the amount in dispute, the number of arbitrators and how much procedural work the parties generate. The main components are the tribunal’s fees, the institution’s administrative charges, venue and transcription, and the parties’ own legal costs. Institutional rules set out the fee scales, so the range is knowable in advance. The Nairobi Centre for International Arbitration publishes its own schedule. We set out the likely components and what drives them before you commit. See arbitration costs.

Mediation is confidential by design. Communications made in the course of a mediation are generally inadmissible in later proceedings, which is what allows parties to explore settlement openly. There are narrow exceptions, and confidentiality is reinforced by the terms on which the mediation is conducted and, in private mediation, by the agreement to mediate. We confirm the confidentiality framework before the session. See mediation confidentiality.

A settlement reached in mediation is a contract. If it is recorded properly and signed with authority, it binds the parties and can be enforced. If it is not honoured, the route is to sue on the settlement agreement itself, which is usually a narrower and cleaner claim than the original dispute, or to apply to have it recorded as a judgment where the process permits. The terms of the settlement document are therefore worth drafting with enforcement in mind. See when a mediated settlement binds and what happens if mediation fails.