MAL 25/18 MAL25/18 - Page 89

prior cordial relationship. The 3rd party, a Conciliator separately discusses the dispute with each party, then prepares a solution based on what he considers to be just and optimal compromise. Conciliation is used to restore the parties to the pre- dispute relationship after which other ADR technique may be applied. The Conciliator is the Architect and designer of the solution. Adjudication Adjudication is defined as a dispute settlement mechanism where an impartial 3rd party (Adjudicator) makes a fair, rapid and inexpensive decision on a given dispute arising from a construction project. Adjudication is thus limited and appropriate to unique needs in construction industry, which usually involves Engineering and civil contracts. The adjudicators decision operates as binding order unless the matter is referred to Arbitration or litigation. ADR mechanisms are unique since they are community oriented and focus on the interest and needs of the parties to the conflict as opposed to positions which is emphasized in litigation. Conclusion Generally, the society appreciates the contribution of ADR in increasing democratization and stability of institutions and the state. ADR development should be geared towards citizen participation and therefore the need to remove time and bureaucratic burdens placed on traditional court systems. Public officers should popularize the practice of out court approaches in conflict resolution to ensure seamless peaceful coexistence that forms the bedrock for teamwork and enhance d service delivery. The traditional legal lawyers and ADR practitioners should endeavor to create a mutually beneficial relationship to better understand their respective roles specifically on how best to dispense justice and maximize the benefits to the society in the broadest possible ways. There is need to consider integrating of ADR or conflict resolution approaches into the emerging or new leadership and social development initiatives as well as into issues of elections, human rights, environmental justice, youth development and restorative justice. This will increase the ease to create a social order where everybody is at peace with his/her neighbors. Further, leadership development can be significantly enhanced when there is a sufficient will to develop and impart conflict resolution skills from elementary level upwards. This will enable to sustainably develop considerable number of peer mediators who can greatly improve learning environment. However, despite the formal recognition of the constitutional mandates of these mechanisms to promote dispute resolution, there is no substantive policy or legislative framework that exists to guide the promotion and use of the mechanisms. Nyamasi Irene is a Senior Corporate Strategy Officer, Nairobi Centre for International Arbitration. You can engage her on this or related matters via mail at: Nyamasi.Irene@ncia.or.ke.