About Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (“ADR“) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. … Mediation is also an informal alternative to litigation. Alternative dispute resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with the help of a third party.

Join us to embrace Dispute resolution away from litigation that is costly and time consuming.

Conference Start 22 -24 March 2019

8 Speakers
250 Tickets

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Contrary to popular belief, ADR is the most viable route.

ADR is usually less formal, less expensive, and less time-consuming than a trial. ADR can also give people more opportunity to determine when and how their dispute will be resolved.

Starting at :

  • KES. 20,000.00 (Early Bird With Dinner)
  • KES. 25,000.00 (Normal Rate With Dinner)

Our Speakers

This year we are againg lucky to have a wide range of reputable speakers in the field of ADR..

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Conference Schedule

This conference is a “must attend” for arbitration professionals who wish to keep up to date with the latest commercial trade developments, institutions, technology trends and the evolution of arbitration in Africa.

DAY 1: Monday 18 June 2018
8:00 – 9:00 Registration
09:00 – 10:00 Welcome and opening remarks
10:00 – 10:30  Tea break
10:30 – 11:30 ICC arbitration: innovation on the basis of the tradition for quality
This session intriduces the latest strive of the ICC International Court of Arbitration for enhancing time and cost efficiency to a fast track arbitration for smaller claims while ensuring fundamental quality features:
– Expedited Procedure Provisions: Innovating for greater time & cost efficiency
– Scrutiny of Awards: the ICC quality control
11:30 – 13:00 Clause and effect: seating your arbitration in Africa
It is now beyond doubt that in both developed and emerging economies, arbitration has evolved as an acceptable means of dispute resolution which complements the efforts of traditional courts and so countries are scrambling to make their countries “arbitration friendly”. This session will discuss how African jurisdictions have responded to the requirements of an arbitration friendly environment and its impact upon arbitration on the continent.
13:00 – 14: 00 Lunch
14:00 – 15:30 International Arbitration Awards: first bus stop or last station
On the African continent, how final are arbitration awards? How final should they be? Panellists will discuss this topic against the backdrop of domestic and international legislation, conventions and proposed initiatives.
15:30 – 17:00 Africa rising – stemming the flight of arbitral disputes
This session will focus attendant issues resulting in the delocalisation and flight of arbitral disputes from Africa. Panel Discussions will include identification and discussion of attendant factors that weigh against seating arbitrations in African Jurisdictions. Panellists will offer perspectives and bring their individual jurisdictional experiences to bear on discussions and explore how the challenges can be surmonted, if not eliminated, so that arbitration can take its rightful role as a Catalyst for economic growth in Africa.
17:30 – 19:00 Cocktail
DAY 2: Tuesday 19 June 2018
9:30 – 11:00 Supporting the arbitral process
Arbitration, though a private form of binding dispute resolution emanating from a personal agreement of the parties, requires regulation and enforcement. This session will consider and identify the various bodies which support arbitration and the entire arbitral process. Speakers will discuss the significant role the State plays in arbitration by providing enabling legislation that validates and legitimizes arbitration. The Judiciary’s role during the arbitral process regarding issues such as challenge of arbitrators, interim measures and enforcement of awards will also be discussed. The role played by arbitral institutions will also be examined.
It is expected that the outcome of the session will be an identification of wether arbitration in Africa receives sufficient support and also proffer any suggestions on how arbitral process can be better supported.
11:00 – 11:30  Tea break
11:30 – 13:00 Arbitrability in Africa: new hopes or lost opportunities
From time to time, we see domestic pronouncements of arbitrability in different jurisdictions. Africa is no exception. Even if we consider typical commercial areas -intra-corporate disputes, securities, intellectual property, fair and unfair competition, distribution contracts, financial contracts, insurance, transport, insolvency, or regulated economic sectors (including oil and gas)- the different approaches to arbitrable subject matter taken by domestic laws and case laws has created uncertainty.
This panel discusses whether the approaches to arbitrability taken by African jurisdictions give rise to new hopes (increased use of African seats) or lost opportunities (reluctance to arbitrate in African jurisdictions).
13:00 – 14:00 Lunch
14:00 – 15:30 ECOWAS Energy Protocol “Reality or Mirage”
This panel will discuss the effectiveness and/or potential impact of the Protocol on energy related disputes in the west Afrcan sub region.
15:30 – 17:00 Damages tools – Globalizing the analysis of damages
The damages tool being developed by the ICCA-ASIL Damages Task Force allows everyone easy access to complexddamages analysis. During this interactive session, distinguished legal and economic experts will explain the tool and demonstrate how it works by illustrating the lifecycle of a damages case, before asking the audience for feedback.
17.00 – 17.20 Closing remarks
18:00 Dinner

Booking Price

  • KES. 20,000.00 (Early Bird With Dinner)
  • KES. 25,000.00 (Normal Rate With Dinner)

ADR FAQs

WHAT IS ALTERNATIVE DISPUTE RESOLUTION (ADR) ?

Alternative Dispute Resolution (“ADR“) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. … Mediation is also an informal alternative to litigation.

WHAT ARE THE BENEFITS OF USING ADR IN LABOR-MANAGEMENT RELATIONSHIPS ?

The goal of ADR is to solve problems rather than simply resolve disputes.  The effect of ADR therefore can be more far-reaching and long-lasting. The focus of ADR is to attack the problem rather than attack each other.  This enables parties to minimize damage to the labor-management relationship that otherwise occurs when litigating, when engaging in position-based bargaining, and when engaging in other traditional dispute-resolution processes.

Most people want to avoid conflict.  ADR enables participants to confront the problem without confronting each other. Unlike litigation and other traditional dispute-resolution methods, ADR helps preserve party control over the outcome of the dispute. “Interests” are the reasons why we care about the outcome of our disputes.  ADR enables parties to seek outcomes based on shared and separate interests, whereas traditional dispute-resolution methods focus on positions (one party’s preferred solution at the expense of any other party’s preferred solution).

If “winning” means satisfying as many interests as possible, ADR is more likely than traditional methods to help all participants win more. ADR is often quicker and more private than traditional dispute-resolution methods. ADR tends to be less formal, less risky, and less costly. Parties are more likely to comply with agreements reached using ADR.

Some forms of ADR, such as consensus decision-making, enable more participants to have an active role in the decision-making process.  This can result in more satisfying solutions because they better satisfy more of the participants’ interests.  Some forms of ADR can encourage more creative and innovative solutions. Consistent use of ADR techniques can improve labor-management relationships, improve problem solving, create a productive working environment, and result in better mission accomplishment, better quality of work life, and better employee engagement.

WHAT TYPES OF ADR SERVICES DOES THE NCIA PROVIDE ?

ADR methods used by various components of the NCIA include facilitation, coaching, mediation, mediation-arbitration (med-arb), fact finding, early neutral evaluation, Ombuds, settlement conference, partnering, and some forms of training.

Facilitation

Facilitation is a process in which someone with no stake in the outcome — a facilitator — helps participants accomplish goals by managing group process.  Facilitators provide structure, help participants develop ground rules and remain focused, and manage discussion, group dynamics, conflict, communication, problem solving, and decision making.

Coaching

Conflict coaches work 1-on-1 with individuals to seek better outcomes of specific conflicts.  Depending on the situation, a coach might help the individual clarify sources of the conflict, the scope and nature of what might be addressed, interests, options, strategies, and possible consequences of alternate paths forward.

Mediation

In mediation, a neutral third party helps disputants identify problems, focus on interests, explore options, and negotiate a mutually agreeable solution.  Mediators do not render a decision on the merits, and many mediators refrain from even speculating about outcome.

Mediation-arbitration (med-arb)

Med-Arb is a process in which a third party first serves as a mediator to help parties negotiate a solution.  If parties fail to achieve a complete solution, then the third party becomes an arbitrator, possibly seeks additional evidence, and renders a decision (usually binding).

Fact finding

In fact finding, a third-party subject-matter expert conducts an informal investigation, makes factual determinations, and sometimes helps parties use the determinations to narrow issues, assess risks and opportunities, and negotiate solutions.

Early neutral evaluation

In early neutral evaluation (ENE), parties use a neutral fact-finder, usually with substantive expertise, to evaluate the relative merits of the cases.  Parties often deliver to the neutral an informal presentation of the highlights of their best case.  The ENE neutral provides a non-binding, objective assessment, thereby increasing the chances that further negotiations will be productive.

Settlement Conference

In a settlement conference, a neutral – often a judge other than the presiding one – serves as a mediator or neutral evaluator in a pending case.  The settlement judge might offer an informal advisory opinion.  If the parties do not reach settlement, the settlement judge steps aside, and the case continues before the presiding judge, who ultimately renders a decision.

Ombuds

An organizational ombuds is an organizational representative who investigates and tries to resolve complaints about that organization.  When an investigation indicates that the problem resulted from a system failure, the ombuds might suggest reforms.  When appropriate, the ombuds might also help the complainant to see that the organization acted properly.

Partnering

Participants seek to identify common goals and interests, and establish clear lines of communication.  The process may involve a joint workshop, managed by a neutral facilitator, to develop a team charter, as well as follow-up meetings and evaluation processes.  A partnering agreement usually includes a commitment by the parties to use ADR to resolve disputes that arise.

Emerging Trends In ADR

E-Negotiation

Negotiation is an unconsciously has become a part of our life and we don’t even realize in our life that when we start negotiating. It starts from our childhood to adolescents from a chocolate to bike for getting good marks in the examination. But besides this we never realize that sometimes this acumen can help us becoming one of the successful negotiators in our professional life. Earlier in case of disputes the corporate houses prefer to have arbitration clause to avoid court hassle but now the companies are moving step forward to seek out the differences through negotiation that they are not turned into disputes with time. The communication technology has also helped the same by providing an e-platform in the form of electronically mediated negotiation.
E-Negotiation: Emerging Trends in ADR. Available from: https://www.researchgate.net/publication/319161032_E-Negotiation_Emerging_Trends_in_ADR [accessed Nov 14 2018].

Online Arbitration

With the boom of e-commerce, a need was felt to redress the disputes of the consumers online. As the name suggests, online arbitration means settlement of disputes with the aid of technological related laws. This however does not mean that it has parted away with the provisions of the Arbitration and Conciliation rules and laws. Both the conventional Arbitration as well as the technology laws is applicable to the online arbitration.

Agreements wherein the parties agree to resolve the matter in dispute through emails is considered to be valid as well as enforceable as the validity of such agreements have been upheld by Arbitral seats elsewhere. Moreover, such agreements are admissible as evidence as per associated laws of the Information Technology discipline.

Components Of Online Arbitration

  1. The Arbitration agreement
  2. The Arbitral proceedings
  3. The Arbitral award

Our Sponsors

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Conference Venue

NAIROBI CENTRE FOR INTERNATIONAL ARBITRATION
Co-operative Bank House, 8th Floor, Haile Selassie Avenue, P.O BOX 548-00200, Nairobi, Kenya
Phone Number :+254 020-222 4029 / +254 771 293 055
Email : info@ncia.or.ke