1. What is Alternative Dispute Resolution?

Alternative Dispute Resolution is the process of resolving conflict without necessarily going to court.

2. What is the Litigation process?

This is a process where parties go to court to file documents in case action or dispute that will be determined.

3. What is Arbitration?

This is a consensual process where parties to a dispute agree to present their grievances to a third party for a solution.

4. What are the Advantages of Arbitration over Litigation?

• It is faster than litigation.
• It is less rigid.
• It preserves relationships.
• It enhances confidentiality.
• It is private and confidential.
• It enhances the speed of resolving disputes
• It is cost-effective.

5. What is Mediation?

This is an informal process, where a mediator who is a third party with no decision-making authority attempts to bring the conflicting parties to end their conflict by agreement.

6. What is an Arbitral award?

An arbitral award is the final stage in arbitration. This award can be money one party has to pay to the other party. It can also be a non-financial award, such as stopping a certain business practice or adding an employment incentive.

7. What are the advantages of Mediation?

 They include:

• Parties have greater control when it comes to resolving the dispute in question.
• Parties are at liberty to negotiate terms of settlement and they are satisfied with the outcome.
• It’s confidential and there is less exposure from courts.
• It’s voluntary.
• Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The                     Mediator listens to everyone’s view, talks to the parties privately and together, guiding them towards a settlement.
• Reduced Costs.
• Faster outcome. Because mediation can be used early in a dispute, an agreement can usually be reached quicker than if pursued through the courts.
• Preservation of Relationships. Whether is maybe a business or family dispute, preservation of relationships can be a key benefit of mediation. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other.

8. Is mediation applicable to criminal cases?

No it is not. The law is yet to mandate the same and enact the necessary laws.

9. What is the role of a mediator?

The mediator’s role in mediation is to assist the parties in the negotiations and they cannot dictate the outcomes of the negotiation but facilitate the same.

10. What is my role in litigation?

Your role in litigation is to provide all the required information that will assist us in filing your case and put in all documents. You are also required to attend court and testify when required.

11. Can I sue more than one person in a lawsuit?

Yes it is possible.

12. What is Advocate-Client Confidentiality?

 As your Advocate there are laws enacted to ensure that Advocate-Client confidentiality is upheld and any information passed to your Advocate is privileged.

13. How do I know that every transaction has legal backing?

It will be evident with the backing of case law, the acts that are necessary to support your case.

14. How will I get the best client service?

Ruth Rotich & Company Advocates is a top-tier law firm providing a comprehensive range of legal services and solutions for domestic and international clients. We pride ourselves in being flexible, accessible and offer client-oriented legal services.

15. What areas of legal practice do I require due diligence?

 Conveyancing, Real Estate, Property Law, Banking law, Contract Law among others.

16. What should I consider before buying land in Kenya?

Due diligence is important when buying land as you will have to consider a variety of things such as conducting a search over the property, ensuring that the owner of the parcel of land has no pending utility bills. There is also a need to ascertain the ownership of the property before purchasing the property to avoid fraud cases.

17. How do I maximize benefit over loss in any legal matter?

As a legal firm we ensure that you get the best deal by filing cases in the appropriate courts and settling them at an early stage to save on costs.

18. How do I save costs in any legal transaction?

It is important to note that whenever legal research is done, the results are tremendous and time-effective. Therefore sound legal advice is important before commencing any transaction.

19. What are some of the legal risks you can face during a transaction?

The risk you can face especially when buying land is that you proceed with the transaction without properly establishing the existence of the property nor verifying the titles of land and other documentation. This in the end will lead to fraudulent transactions which will eventually give rise to law suits. It is therefore important to investigate and get the proper information to avoid future losses and constraints.