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DISPUTE RESOLUTION Alternative Dispute Resolution In Kenya By Nyamasi Irene Introduction No country or institution can achieve feasible development in a conflict prone environment. Effective and expeditious management of conflicts ensures meaningful development. Conflicts and disputes management mechanisms include litigation and alternative dispute resolution mechanisms (ADR). ADR mechanisms refer to the set of mechanisms that are utilized to manage disputes without resort to the often costly adversarial litigation. The most common forms of ADR include; mediation, arbitration, negotiation, reconciliation and adjudication. The rationale for developing new conflict resolution mechanisms can be based on the phrase “Justice delayed is Justice denied’’. The Constitution of Kenya guarantees the right of every person to access to justice and mandates the State to undertake appropriate policy, statutory and administrative interventions to ensure efficacy of the judicial systems. It also stipulates the available mechanisms in the administration of justice and emphasizes on the utilization of formal and informal justice mechanisms. Article 159 of the Constitution appreciates the use of Alternative Dispute Resolution (ADR) in addition to the Court process in settling conflicts in the society. While exercising judicial authority, the Court system is envisaged to promote ADR mechanisms. In addition, the Civil Procedures Act was also amended to empower Courts at the request of concerned parties or when the Courts deem it necessary to refer disputes to mediation or other appropriate channels of dispute resolution. An Arbitration Court was also established under an Act of Parliament and it is empowered to adopt and implement appropriate means of dispute resolution, or at the request of parties, including conciliation and mediation. Article 159 of the Constitution appreciates the use of Alternative Dispute Resolution (ADR) in addition to the Court process in settling conflicts in the society. While exercising judi- cial authority, the Court system is envisaged to promote ADR mechanisms. 84 MAL25/18 ISSUE Further, the Intergovernmental Relations Act provides the foundation and procedures for settling intergovernmental disputes. In settling labor disputes, the Industrial Court Act section 15(1) provides that the court may identify, adopt and implement the most appropriate means of dispute resolution on its own or at the request of the concerned parties in accordance with Article 159(2) of the constitution. Other Acts of Parliament also provide procedures for the use of various ADR mechanisms in dispute resolution. The Arbitration Act governs the application of arbitration in Kenya by providing the different aspects of arbitration process. Why Alternative Dispute Resolution (ADR) Timely administration of justice has been a persistent challenge in Kenya just as is the case for other African countries. This is attributed to the overreliance on the courts in the resolution of all forms of dispute even where other forms of dispute resolution would be appropriate. Consequently, Courts are overwhelmed by caseloads and parties have to wait for long periods of time before getting services and therefore delaying the due process of justice administration. Further this poses a risk of substantial compromise of justice due to the technical structure of court systems with a subsequent result of