Delegates resolve to strengthen mediation of family, children, and succession disputes

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NAIROBI, Kenya Apr 17 – Delegates at the 4th Annual Mediation Summit 2026 have adopted far-reaching resolutions to strengthen mediation in family, children, and succession disputes, addressing the growing demand for efficient, accessible, and people-centred justice systems in Kenya.The summit, which brought together the Judiciary Steering Committee on Mediation, the Family Division of the High Court, mediators, state agencies, development partners, academia, private sector representatives, and practitioners, concluded today at Strathmore University in Nairobi, with delegates reaffirming mediation as a cornerstone of alternative dispute resolution.This followed three days of intense deliberations that began on April 15, featuring panel discussions by judges, judicial officers, mediators, lawyers, scholars, and experts from legal and other fields. The sessions addressed various topics under the theme, “The Role of Mediation in Resolving Family, Children and Succession Disputes: Bringing Peace and Harmony in Our Families and Society.”The summit reaffirmed the transformative potential of mediation as a cornerstone of alternative dispute resolution, complementing formal judicial processes while reaffirming the promise of the 2010 Constitution to promote access to justice and alternative dispute resolution.Delegates agreed that mediation offers families a pathway to resolve disputes amicably, reduce hostility, and foster harmony in society.The joint communiqué highlighted 13 major commitments:Mandatory Early Screening: All family matters—including custody, maintenance, matrimonial property, burial disputes, and probate—will undergo screening within 30 days of filing, with automatic referral to mediation unless exempted by the courts.Annual Family Mediation Week: A national week dedicated to free mediation clinics, court open days, and community dialogues to demystify mediation and encourage uptake.Child Participation Safeguards: Guidelines will be developed to ensure children’s voices are heard in mediation in a safe, age-appropriate, and rights-sensitive manner.Standing Agenda Item: Mediation will be entrenched as a permanent agenda item in Court Users Committees (CUCs) and Bar-Bench Committee meetings.National Family Mediation Dashboard: Quarterly data on referrals, settlements, turnaround times, and user satisfaction will be published to guide policy.Public Awareness Campaigns: Sustained sensitization initiatives will be rolled out to enhance community understanding and acceptance of mediation.Training Module: Strathmore Law School will develop a module on family mediation for practitioners, community leaders, and the public.Continuous Professional Development: Mediators will undergo structured training, mentorship, and accreditation to maintain quality and consistency.ADR Policy Framework: SCOM will engage the Attorney General and Parliament to fast-track adoption of a national ADR policy.Succession Law Reform: Stakeholders will identify gaps in the Law of Succession Act to promote timely, cost-effective resolution of disputes.Protection of the Vulnerable: Mediation practices will prioritize widows, widowers, orphans, persons with disabilities, indigent persons, and survivors of domestic violence.Technology Integration: Emerging technologies will be adopted with safeguards for confidentiality, fairness, and accessibility.Implementation Committee: A multi-stakeholder committee chaired by the Presiding Judge of the Family Division will oversee execution of resolutions and report progress at the 5th Summit.The resolutions mark a significant step toward embedding mediation in Kenya’s justice system, with the summit positioning mediation as a transformative tool for peace, inclusion, and sustainable justice.The communique was signed by representatives from the Judiciary, Steering Committee on Mediation, Strathmore University & Strathmore Dispute Resolution Centre, Law Society of Kenya, Kenya Bankers Association and International Partners as well as the Kenya Judiciary Academy.