The Lawyer as a Negotiator, Mediator and Peacemaker in Kenya

Abstract

This paper critically examines the role of lawyers in the mediation and negotiation processes in Kenya. Lawyers are trained to help the larger society in conflict management through various mechanisms which include litigation, negotiation, mediation, arbitration, adjudication, and a number of other hybrid mechanisms. The discussion herein focuses on their role in negotiation, mediation and peacebuilding. The paper analyses the attitude of actors in negotiation and mediation in comparison to litigation. It explores how, given the flexible nature of negotiation and mediation as peace building tools, lawyers can effectively participate in the processes to facilitate realisation of a secure and prosperous Kenyan society based on the rule of law and harmony.