Court annexed mediation is the new frontier

The conventional way of resolving disputes through court called litigation has arguably faced challenges in the recent past. Shortage of judicial officers, general delay in case determinations and increased case backlog are some of the challenges associated with litigation.

Indeed even in some cases that have been successfully completed, litigants have been left dissatisfied with the determinations after long and tortuous court processes. It is perhaps because of these challenges that Article 159(2) (c) of our Constitution mandates courts to embrace alternative dispute resolution (ADR) mechanisms namely reconciliation, mediation, and arbitration among other forms of dispute resolution. Commendably, the Judiciary has taken key strides to institutionalise mediation as a way of quickening the resolution of civil cases filed in court. Court Annexed Mediation as it is called, is mediation under the umbrella of courts.