SERENE MEDIATION AND COUNSELLING SERVICES LTD
Discover the Power of Mediation
At our mediation services, we believe in empowering you to resolve disputes efficiently and amicably. In a flexible way, you resolve desputes without going for a trial. With the guidance of a neutral third party, known as a mediator, we help you reach a negotiated settlement that benefits everyone involved.
Why Choose Mediation?
As an internationally recognized key conflict management tool, even acknowledged by the Charter of the United Nations. Here in Kenya, our Constitution (2010) emphasizes the importance of mediation. Article 159(2)(c) actively encourages it as a preferred method of dispute resolution within our courts and tribunals at Serene we walk and guide through the journey.
The Role of a Mediator
Facilitates resolution of dispute
Explains rules of engagement/statement of understanding for the parties’ signature
Maintains confidentiality except in circumstances provided under the Mediation (Pilot Project) Rules 2015
Files a mediation report with the Mediation Deputy Registrar (MDR) after conclusion of the mediation
Court Annexed Mediation ( CAM)
Many of the Kenyans are no strangers to waiting for justice. Kenya’s judiciary has a massive backlog of civil cases, prompting it to explore alternatives to their resolutions amicably, that where Serene Mediation Services comes in.
In a Court-annexed mediation, Alternative Dispute Resolution whereby cases which are brought to court for litigation are referred to mediation for possible settlement.
Cases are resolved with the assistance of court accredited mediators, like those provides by Serene Mediation Services. The agreement reached in this engagement is considered legally binding by the court.
The average time taken to settle cases via mediation is two months. The information shared during mediation sessions is confidential and is not admissible as evidence in court. The 60-day mediation period is capped, unless the Court grants an extension.
There is no appeal process, providing some certainty a matter will be concluded once and for all. However, should no settlement be reached, the case reverts to the courts.
Why does mediation work?
At Serene mediation services we handle multifaceted cases, including those involving companies in conflict. We are not bound by the rules of litigation, allowing more space for imaginative resolution. It is a solution by the parties, for the parties. We facilitate Mediation to allow aggrieved parties to vent out emotions, permits them to feel heard and understood in the language that they comprehend best.
How will case end up for mediation?
We access all cases whether or not undergo mediation.
Screening will be conducted by Mediation Deputy Registrar (MDR) to assess whether or not they are suitable for mediation. Then the court develops criteria for screening, considering case age, subject matter, legal issues, public interest, and potential benefits from mediation.
Private Mediation Agreement
Our mediation services outlines the mutually agreed upon solutions reached by the parties involved in a dispute through mediation, outside of formal court proceedings.
In private mediation, it does not necessitate the involvement of the court. The parties to the conflict approach a mediator to mediate the dispute, such as through Serene Mediation services.
It is a legally binding agreement drafted by the mediator capturing the solution to the all the issues in dispute and the resolution on how to implement the agreement.
In private mediation schedule the mediation when it is convenient for both parties’ schedules.
In this services the parties will charged fees for the mediator and also for the use of rooms.
Mediation has its Own Inherent Strength
- It has also been defined as a voluntary, informal, consensual and strictly confidential and non-binding dispute resolution process in which a neutral third party helps parties reach a negotiated solution.
- Mediation process is private in that it is conducted between the parties, without public observers and devoid of
- Anything said or produced in evidence at a mediation session cannot be used in a later hearing, except in exceptional circumstances.
- All communication exchanged or made during mediation is confidential. It is not admissible as evidence in any current or future cases in any court.
- It is less expensive compared to solving dispute through court process.
- It is timely; It is a quick way of solving dispute compared to court process’
- The finality nature of mediation makes it a better option. A mediated solution is a settlement between the parties, and so generally cannot be the subject of an appeal.
- It is party centered or it carry the element of self-determination- People that opt to solve their dispute through mediation decide what the solution is, and customise that solution to their needs.
- People in dispute easily comply with mediation resolution because it is their own agreement.
- Because mediation process is harmonious and non -adversarial by its own nature, people in dispute that use mediation process are able to maintain their relationship after the dispute is gone.