The Civil Procedure (Court-Annexed Mediation) Rules
2. Interpretation
2. Interpretation
In these Rules, unless the context otherwise requires—"accredited mediator" means a person whose name is enlisted in the Committee’s register of accredited mediators;"case" means proceedings in court commenced in any manner prescribed by law;"court" means the High Court, Environment and Land Court, Employment and Labour Relations Court, and subordinate court as defined under Article 169(1) of the Constitution;"court record" includes the physical file and pleadings or documents contained therein, and the electronic or digital file thereof;"filing" includes the physical filing of documents at the mediation registry and electronic filing by uploading documents onto the official Judiciary portal designated for that purpose;"mediation" means the informal and non-adversarial process conducted physically or virtually where a mediator encourages and facilitates the resolution of a dispute between two or more parties but does not include any attempt by a judge or magistrate to settle a dispute within the course of judicial proceedings;"Mediation Deputy Registrar" means a Deputy Registrar designated by the court to provide administrative support and manage the court-annexed mediation programme at that court and includes a magistrate, Kadhi or other officer;"Mediation Registrar" means the person appointed by the Chief Justice under section 59A(3) of the Act;"private settlement agreement" means a settlement agreement arising out of a mediation process conducted by a qualified mediator in respect of a dispute that is not the subject of a pending court case;"qualified mediator" means a mediator whose name is enlisted on the Committee’s register of qualified mediators";"screening" means the process by which a screening officer reviews a case to determine its suitability for referral to mediation;"screening officer" means a Mediation Deputy Registrar or other officer of the court authorised to screen cases; and"settlement agreement" means a written and signed agreement arising out of a mediation process and includes a partial settlement.Source: Kenya Law