Court-Annexed Mediation (CAM) is an alternative dispute resolution mechanism that has gained traction in Kenya’s judiciary system. It offers parties in a dispute a chance to resolve their issues amicably and expeditiously under the guidance of a trained mediator. As a crucial part of the judiciary’s transformation agenda, CAM aims to enhance access to justice while reducing case backlogs. Here’s a detailed look at what you need to know about CAM, including the code of conduct for mediators, the role of the Mediation Accreditation Committee (MAC), the judiciary’s involvement, and private mediation practice.
Mediators’ Acceptable Code of Conduct
Mediators play a pivotal role in the CAM process, requiring them to adhere to a strict code of conduct to ensure fairness, impartiality, and professionalism. Key aspects of the acceptable code of conduct include:
- Impartiality: Mediators must remain neutral, avoiding bias toward any party.
- Confidentiality: All discussions during mediation must remain private unless disclosure is mandated by law or agreed upon by the parties.
- Competence: Mediators are expected to possess the necessary training, skills, and accreditation to guide the mediation process effectively.
- Voluntariness: Mediators should ensure that parties willingly participate and agree to any resolutions without coercion.
- Transparency: Mediators must disclose any potential conflicts of interest before proceeding with the case.
These principles are critical in maintaining the integrity of mediation as a trusted and effective dispute resolution mechanism.
Role of the Mediation Accreditation Committee (MAC)
The Mediation Accreditation Committee (MAC) is a vital body established under the Judiciary of Kenya to oversee the accreditation and regulation of mediators. Its primary roles include:
- Accrediting Mediators: MAC certifies mediators who meet the required qualifications, including formal training and adherence to the code of conduct.
- Setting Standards: It formulates guidelines and ethical standards to govern the conduct of mediators.
- Capacity Building: MAC provides training programs and workshops to equip mediators with up-to-date skills and knowledge.
- Monitoring and Evaluation: The committee evaluates the performance of mediators and the effectiveness of the mediation process.
- Handling Complaints: MAC addresses grievances against mediators to maintain professionalism and accountability.
The Judiciary’s Role in CAM
The Kenyan Judiciary plays a significant role in implementing and promoting Court-Annexed Mediation. Key functions include:
- Referral of Cases: Courts refer appropriate cases to mediation, particularly those involving family disputes, commercial disagreements, or matters with potential for amicable resolution.
- Supervising Mediation: The judiciary oversees the entire mediation process to ensure compliance with legal standards and guidelines.
- Creating Awareness: Through outreach programs, the judiciary educates the public about the benefits of mediation as an alternative to litigation.
- Feedback Mechanisms: Feedback from mediation sessions helps the judiciary refine the process for better outcomes.
Private Practice in Mediation
While CAM operates within the judiciary framework, private mediation practice offers additional flexibility and specialization. Private mediators handle disputes that parties prefer to resolve outside the court system. Here are some highlights:
- Independence: Private mediators are not bound by court referrals, giving parties more control over the selection process.
- Diverse Expertise: Private mediators often specialize in specific areas such as commercial disputes, workplace conflicts, or family issues.
- Customizable Processes: The mediation process can be tailored to suit the parties’ unique needs, timelines, and confidentiality requirements.
- Cost Implications: While CAM is generally free for court-referred cases, private mediation typically involves fees agreed upon by the parties.
Conclusion
Court-Annexed Mediation is a transformative tool in Kenya’s justice system, offering a more accessible, efficient, and harmonious way of resolving disputes. Mediators, guided by a strict code of conduct and regulated by the MAC, ensure the process remains fair and professional. The judiciary’s support and the availability of private mediation create a comprehensive ecosystem for effective conflict resolution. Embracing mediation not only eases the burden on courts but also fosters a culture of dialogue and mutual agreement, benefiting society at large.
