Towards an Overarching Policy: Understanding Kenya’s Alternative Dispute Resolution Mechanisms Landscape and Culture

Abstract

Commercial disputes are considered a s part and parcel of doing business the world over. While parties to contracts attempt and rely on the other side’s commitment in delivering on their part of the bargain, there is always the likelihood of emergence of disputes and thus, there is always a need to have in pl ace a dispute settlement procedure to address such disputes. The use of wrong forums or mechanisms in dealing with such disputes has nearly as adverse effects on the business relations as failure to settle the disputes at all. As such, parties and states a re always seeking the best available alternatives to handle arising commercial disputes. This paper discusses the place of ADR in effective management of commercial disputes in Kenya and the need for a responsive and adaptive policy, legal and institutiona l framework that addresses the unique needs and characteristics of the business community and related disputes.