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BY EURIDICE NZIOKA,NAIROBI,4TH DEC 2017-The Judiciary has launched an alternative dispute mechanism aimed at reducing the backlog of cases that has been a big problem.The launch of the process known as annexed mediation seeks to exploit alternative dispute resolution methods to reduce accumulation of cases .
According to the deputy chief justice Philomena Mwilu who presided over the exercise said the Judiciary was committed to support mediation efforts geared towards boosting substantive justice.
Mwilu has termed the Judiciary’s application of an adversarial justice system where various parties to a case rely on advocates to resolve disputes in courtrooms where a judge acts as moderator as the major challenge that has led to backlog of cases within the courts .
“Over the past few years, the Judiciary has undertaken significant steps to rationalize and operationalise ADR in our courts and the most notable initiative being the successful court annexed mediation project,” she said.
“The pilot phase officially came to an end on the 7th of July and has been widely regarded as a success owing to the 55.7 and 53.8 percent settlement rate in Family and Commercial Division respectively,” reads part of the concept note on mediation settlement week.
“As compared to litigation where decisions are made based on the evidence presented and the law, in mediation, parties are encouraged to find their own solutions thereby shortening the length of time it takes to settle a matter,”added justice Ochieng.