The Judiciary has operationalised a strengthened legal framework for Alternative Dispute Resolution (ADR), following the issuance of the Judicature (Court Annexed Mediation) Rules, 2026 by the Chief Justice, Justice Dr. Flavian Zeija. The Statutory Instrument 2026 No. 14 was gazetted on 27th March 2026.
The new Rules aim at enhancing access to justice, promoting amicable dispute resolution, and improving efficiency in the administration of justice. The Rules also revoke the Judicature (Mediation) Rules, 2013.
The development is in line with the Chief Justice’s vision articulated during his swearing-in ceremony and reiterated at the Opening of the New Law Year, where he emphasized the need for a more people-centered, efficient, and responsive justice system. He emphasized the central role of ADR, particularly Mediation, in reducing case backlog, fostering timely dispute resolution, and strengthening public confidence in the Judiciary.
The Rules provide a comprehensive structure for the conduct of court-annexed mediation across all courts, reinforcing mediation as a key pillar of ADR. They apply to civil matters arising out of lawsuits or appeals where parties consent to mediation, offering an opportunity for disputes to be resolved in a faster, less adversarial, and more cost-effective manner.
Accreditation and registration of mediators has also been streamlined, and oversight mechanisms strengthened, with clearly defined roles of mediators, parties, advocates, and the courts. The Rules also introduce structured timelines, requiring mediation processes to be concluded within 60 days, thereby addressing delays in case resolution.
Additionally, the Judiciary will facilitate and remunerate court-accredited mediators, ensuring that parties are not required to pay mediation fees. This measure is intended to remove financial barriers and encourage wider adoption of mediation as a preferred dispute resolution mechanism.
The Judiciary calls upon litigants, advocates, and all stakeholders to embrace mediation as an effective pathway to resolving disputes, fostering harmony, and delivering timely justice.
