Abstract:
Alternative Dispute Resolution Mechanism (ADRM) is a broad term which is used in conflict resolution such as negotiation, mediation, conciliation and arbitration in conflict management. This study tried to answer the feasibility of ADRM in Kenyan courts and how they needed to be incorporated as an alternative way of solving disputes and conflict in Migwani, Kenya thus reducing the backlog of cases and speeding up the judgments.
The thesis purposed to approach and view dispute resolution from another lens and perspective where more was focused on the relations of the disputing parties with an emphasis put on the process to create a situation that would foster mutual respect and in a pre-emptive way deter future conflicts. A deep analysis in alternatives to conventional dispute resolution mechanisms, and in particular in matters to do with land which have proved to be endemic in Migwani and Kenya at large, was imperative. It was identified that alternative dispute resolution had predominantly been approached from a legal perspective and perhaps that was why it was not gaining traction as anticipated.
The thesis also sought to explain various theories explaining human rights and how justice should be for all. The thesis gave case studies of Iritongo, Kuria community from western region; Njuri Ncheke and Kamba community from Eastern region which explain the practicability of these alternatives methods in most community cases. The study however primarily concentrated on the Kamba community in Migwani Sub County where the Akamba people are native. The thesis also stressed on the adoption of ADRM and Traditional Dispute Resolution Mechanism and how they were viewed as corresponding methods to the court system; working together to ensure that access to justice was achieved for all through employment of the most appropriate mechanism for the particular dispute.
