Quick answer: Bring the contract and variations, key correspondence, a dated chronology, evidence for each disputed amount, a short statement of the issues, and authority to settle or a decision-maker who can join promptly.
Confirm the process and who is attending
Check whether the mediation is private or court-annexed, what rules apply, how the mediator was appointed, the venue or remote arrangements, document deadlines, fee allocation and confidentiality terms. Tell the mediator about accessibility or language requirements in advance. Identify the people with first-hand knowledge and the person authorised to approve a settlement.
Prepare a short, document-backed case summary
Write a chronology with dates and references to the supporting documents. Separate agreed facts from disputed facts. For each claim or counterclaim, state the amount, calculation, contractual or legal basis and evidence. Bring the signed contract, amendments, invoices, proof of payment, notices, relevant emails and a record of loss. Avoid sending unnecessary confidential or privileged material without advice.
Set authority and alternatives before the session
Agree internally who can approve a settlement and the limits of that authority. Consider the realistic alternatives if no settlement is reached, likely cost and delay, enforcement, commercial impact and any ongoing relationship. A settlement range is a decision tool, not a promise to accept a particular number.
Think in terms of workable outcomes
A settlement can involve staged payment, corrected performance, revised delivery, return of property, a credit, agreed communication, or a combination. Decide what evidence of performance is needed, when each step occurs, and what happens if a deadline is missed. If a company is bound, confirm the signatory has authority.
Draft carefully before signing
State each party’s correct legal name, obligations, dates, payment destination, interest or costs if agreed, releases, confidentiality, tax treatment where relevant, default process and whether proceedings are to be stayed, withdrawn or recorded as a consent. For court-annexed mediation, follow the applicable Rules and Judiciary process for filing and adoption. Do not assume every private agreement is automatically a court judgment.
After mediation
Keep the signed agreement and mediator’s completion record securely. Diary every deadline and assign an owner. If no agreement is reached, preserve limitation dates and court or arbitration deadlines; participating in mediation does not automatically suspend them unless the law or a valid agreement provides otherwise.
Questions people ask
What should I bring to a commercial mediation?
Bring the contract and variations, key correspondence, a dated chronology, evidence for each disputed amount, a short statement of the issues, and authority to settle or a decision-maker who can join promptly.
Is mediation confidential in Kenya?
Confidentiality depends on the applicable law, rules and agreement. Confirm the process, who may attend, what can be disclosed later and any legal exceptions before sharing sensitive material.
Do I have to accept a settlement?
Mediation does not itself require a party to accept a proposal. Do not sign until the terms, authority, payment mechanics, releases and consequences of default are understood.
Official sources and scope
For the current rule and any forms or rates, check the official sources: Judiciary: Court-Annexed Mediation resources · Civil Procedure (Court-Annexed Mediation) Rules 2022 · Kenya Law. This guide is general information, not advice on a particular transaction or dispute. Laws, regulations and administrative requirements can change; check the position that applies to your facts before acting.
Related guidance
CS Advocates LLP arbitration and ADR practice. Related reading: Preparing for your first mediation session · What mediation is and how it works · Mediated settlements and enforcement.
This is general information, not legal advice on a particular matter, and does not create an advocate-client relationship. For advice on your specific situation, contact CS Advocates LLP for a confidential, conflict-checked consultation.