ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
13. Appointment of mediators and allocation of cases
Edition: 2022-12-31 · In force
13. Appointment of mediators and allocation of cases
(1)The Mediation Deputy Registrar shall, within seven days after the referral of a case to mediation, appoint a mediator from the register of accredited mediators and immediately thereafter notify the appointed accredited mediator.(2)The notification under subrule (1) shall be Form 3 as set out in the Schedule, and shall be copied to the parties and the parties’ advocates.(3)The mediator shall, within seven days after the notification of appointment under subrule (1), notify the court whether he or she accepts or declines the appointment in Form 4 as set out in the Schedule.(4)The parties may, by mutual consent, select a mediator from the register of accredited mediators and notify the court within seven days after receipt of the notification under rule 10 (1).(5)Before making a decision to select a mediator under subrule (4), the parties may request the Committee to provide further or other information about the nominated mediator.(6)The mediator selected by the parties under subrule (4) shall supersede any appointment by the court under subrule (1) and the court shall immediately appoint and notify such mediator within five days after receipt of the notification from the parties.(7)Where a mediator declines an appointment, the court shall immediately appoint another mediator and issue notification within five days of receipt of the notice under subrule (3).(8)The Mediation Deputy Registrar shall allocate cases to mediators in chronological order according to the date on which an accredited mediator’s name was added to the register of accredited mediators.(9)Where the Mediation Deputy Registrar does not allocate a case to a mediator in accordance with subrule (7), he or she shall note on the mediation file and the electronic register the reasons for the decision.(10)In order to ensure the efficient running of the Court Annexed Mediation Program, the Mediation Deputy Registrar shall distribute cases equitably amongst the mediators in accordance with their skills, performance, experience and availability.