The Judiciary has introduced Court Annexed Mediation in Homa Bay to reduce backlog of cases in court.
CAM is an alternative dispute resolution process undertaken with assistance of an accredited mediator under the supervision of the court.
A mediator, who is a third party, will assist in resolving disputes.
In the mediation, the court can grant an opportunity to parties involved in a case for them to solve the matter out of court.
If they agree, they report back to the court for the case to be terminated officially.
But in case the aggrieved parties disagree in mediation, the court continues with the case until its logical conclusion.
Homa Bay judge Kiarie Waweru, chief magistrate Jacinta Orwa and county Law Society of Kenya chairperson Nancy Nyarige presided over the launch at the High Court in Homa Bay.
Kiarie said there are many cases filed in court yet the aggrieved parties can settle them out of court.
He said such cases will be subjected to court annexed mediation.
“We have cases which can be solved through agreement without necessarily going to court. For example, if a husband differs with wife they can agree and settle it out of court,” the judge said.
Kiarie expressed confidence the court annexed mediation will help them reduce backlog of cases in court.
He said some of the cases that can be subjected to court annexed mediation are land boundary disputes, sexual offences involving adults and assault.
“Suitability of a case for court annexed mediation depends on nature of the case. Sexual offences that involve a child can’t be subjected to the mediation but the same offence involving adults can be subjected to mediation,” Kiarie said.
Orwa said court annexed mediation is significant because it improves relationship between aggrieved parties.
She said the court annexed mediation is cost effective, creates solutions for mutual benefit and it is flexible and confidential.
“We appeal to residents to embrace the mediation,” Orwa said.
Nyarige said they had also embraced the court annexed mediation.
“As the Law Society of Kenya, we find this mediation a good method of enhancing peace in society. We highly support it,” Nyarige said.
