A draft policy to entrench alternative dispute resolution in the country’s judicial system has been approved by the Cabinet and will be enacted into law, Attorney General Justin Muturi has said.

Muturi said the government was fully behind the drive to have litigants avoid the court process in favour of mediation.

He said this would not only help courts clear case backlogs but also help the parties involved in disputes to save a lot in litigation costs and time.

He said his office will be encouraging those in disputes with the government to go for mediation rather than prosecute their grievances in court, saying that court processes can be a waste of time and public resources.

The Speaker was the guest of honour during the Court Annexed Mediation Open Day in Embu yesterday.

Other speakers during the event included Court of Appeal judge Fred Ochieng, a member of the National Steering Committee on Alternative Justice Systems Moris Kimuli, Embu Deputy Governor Justus Kinyua Mugo, Embu Senator Alexander Mundigi, and Manyatta MP Gitonga Mukunji.

Justice Ochieng said that when parties are given a chance to work out a solution on their own, they make better decisions because they know the underlying reasons for the dispute.

Lawyers’ dilemma

He added that most of the time court decisions create new hostilities, hence parties need to be helped find their own settlements to disputes.

He said mediation can happen even after a High Court decision and when the case is in the Court of Appeal.

Urging lawyers to support the mediation drive, Justice Ochieng said he was aware that mediation posed a dilemma for lawyers who stand to lose fees when cases are removed from courts and ended quickly through mediation.

He, however, said lawyers should see mediation as another way of making a living.

“You can represent your clients in the morning and hold mediation sessions in the afternoon,” Justice Ochieng said.

Kimuli said many cases that end up in court were no more than ego trips where some litigants despise their rivals.