• It facilitates access to dispute resolution for all without geographical restraints
Image: CHARLENE RAEL
For virtual mediation to take place, several requirements must be met. These include contact details for parties and advocates: email, mobile number and/or platform username, where applicable.
Also needed are smartphone, desktop or laptop with stable Internet connectivity and camera.
Gadget features to include are real-time streaming video, online chat functionality, document sharing and electronic signature capability.
The secretariat will reach out to parties in matters that had already been referred to mediation to confirm willingness to participate in the process before directions are made.
Courts may refer suitable new or pending matters to virtual mediation. Parties may request the court to refer their matter to virtual mediation.
The secretariat, in consultation with the parties, will appoint a mediator from the MAC Register.
The secretariat and mediator will liaise with the parties on suitable technology platforms for the conduct of the mediation process.
The access links for the agreed-upon platform for the virtual mediation will be shared in advance.
Parties are encouraged to share their case summaries via email prior to the scheduled mediation sessions.
The secretariat will conduct regular introduction of referred matters and offer any assistance as may be required.
E-mediation sessions shall be private and attended only by the mediator, parties and individuals identified pursuant to the Practice Directions on Mediation.
There shall be no formal record or transcription of the mediation session.
BENEFITS OF MECHANISM
Virtual mediation facilitates access to dispute resolution for all. There are no geographical restraints.
Parties are able to proceed from familiar surroundings that put them at ease. It also saves time and is convenient. Connection can be done anywhere with Internet accessibility.
It affords parties flexibility of time, as sessions can be held during weekends and even past the normal working hours.
In mediation, the government takes care of costs. These include: manpower, such as salaries for judges, magistrates, judicial staff and payment for mediators.
Other expenses are infrastructural development and maintenance, and stationary.
In litigation, parties incur the cost of filing a case. For children's cases, these costs include the cost of filing the following: Plaint, Sh150, affidavit of service, S75/= and list of witnesses, Sh75.
Others are witness statement, Sh75, list of documents, Sh75, annexures, Sh75, notice of appointment, Sh150, and summons, Sh50.
You also incur cost of certificate of urgency, Sh75, notice of motion, Sh150, order, Sh100, plaintiff’s submissions, Sh75, and replying affidavit, Sh75.
Defendant’s statement of defence costs Sh75, memo of appearance, Sh100, supporting affidavit, Sh75, verifying affidavit, Sh75, decree, Sh150, and notice of change of advocate, Sh150.