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Showing posts from May, 2023

Choosing Mediation Over Litigation: Building Bridges for Successful Conflict Resolution

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Courtesy of the European Association of Lawyers Introduction You most certainly have heard the term mediation mentioned at some point in your life. You most certainly also have a clue of what it entails. So, defining it is not a hard task. However, when most people think of mediation, they think it’s a complex process. The first thing that comes to mind when the term mediation is mentioned is the 2007 post-election violence in Kenya when Kofi Annan sought to bring peace to the country. If that situation is what most people associate mediation with then it would seem to be that mediation is a complex process. Most people would even assume that the process is costly. This means that most people would shy away from mediation. Taking note of this, this article seeks to explain mediation in the simplest way possible. It also answers the most frequently asked questions on mediation to help the reader fully comprehend what mediation entails.   Defining Mediation There isn’t...

Role of Alternative Dispute Resolution (ADR) in Management of Environmental Conflicts

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  Courtesy of UNEP Introduction It is among the Sustainable Development Goals to achieve a clean and healthy environment globally. It is impossible to secure a clean and healthy environment where there are conflicts emanating from different angles of the environment. The Environmental Management and Coordination Act defines the environment under Section 2 to include inter alia, all physical factors surrounding human beings such as; land, water, atmosphere, biological factors of animals, and plants. The concept of environmental conflicts is not new in Kenya, this attributes to the fact that citizens always compete for access to environmental components for survival, which begets conflicts between them. Kariuki Muigua in his book Exploiting Conflict Management in Environmental Matters defines environmental conflicts to denote the contests that exist as a result of the various competing interests over access to and use of natural resources such as; land, water, and forests. E...