The Effectiveness of Alternative Dispute Resolution Mechanisms in Kenya

Abstract

Alternative Dispute Resolution Mechanism (ADRM) is a broad term which is used in conflict resolution such as negotiation, mediation, conciliation and arbitration in conflict management. This article tries to answer the feasibility of ADRM in Kenyan courts and how they need to be incorporated as an alternative way of solving disputes and conflict in Kenya thus reducing the backlog of cases and spending up the judgments. The article tries to explain various theories explaining human rights and how justice should be for all. The article gives case studies of Iritongo, Kuria community from western region; Njuri Nchecke and the Kamba community from Eastern region which explain the practicability of these alternatives methods in most community cases. This article also stresses out on the adoption of ADRM and TDRM mechanisms and how they should be viewed as corresponding methods to the court system; working together to ensure that access to justice is achieved for all through employment of the most appropriate mechanism for the particular dispute or conflict.