A constructive way forward.

A disagreement can narrow the conversation to who is right and who is wrong. It can also be useful to ask what a workable resolution would need to address.

Understand what needs resolving

Start by identifying the practical issues behind the dispute. Is the concern an unpaid amount, an ongoing relationship, uncertainty about responsibilities or something else? Different priorities may call for different discussions.

Explaining these priorities to your advocate can help frame a conversation about the options available in your circumstances.

What mediation can offer

Mediation provides a structured setting in which a mediator helps parties discuss a dispute and explore a possible agreement. In Kenya, court-annexed mediation has a formal framework under the Civil Procedure (Court-Annexed Mediation) Rules, 2022.

The applicable process matters. Before taking part, ask your advocate to explain the relevant rules, confidentiality arrangements, your role, and how any proposed settlement would be recorded and given effect.

Prepare for the discussion

Gather the relevant records, identify your main concerns and think about the questions you need answered. Consider the interests that a resolution would need to recognise. Being prepared does not mean deciding every detail in advance; it means understanding what you want to discuss.

Choose the next step with care

The appropriate approach depends on the dispute and its context. Ask about the available routes, their practical implications and any urgent steps that need attention. The goal is a considered decision about how to move forward.