Towards an Effective Dispute Resolution in Kenya: Is There a Case for Alternative Dispute Resolution?

Abstract

Improving efficiency and transparency in resolution of commercial disputes is an important ingredient for growth in any economy. This is. because it increases predictability of the environment in which businesses operate. Thisﾷ in turn increases investment and reduces business costs. A properly performing dispute resolution system increases firms' willingness to contract with new customers and suppliers and increases firms' efficiency. In this Research Paper, the author discusses the various methods of resolution of commercial disputes now practised in Kenya. He discusses how these processes work and outlines the limitations which make these processes unable to deliver effective resolution of commercial disputes. The author then traces the development of Alternative Dispute Resolution (ADR) methods and demonstrates how their use in other jurisdictions have enhanced the delivery of quick and effective resolution of commercial disputes in other jurisdictions. The author therefore recommends the adoption of ADR processes in the Kenyan Civil Justice System to achieve a quick and effective resolution of disputes.