ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
26. Persons who may attend mediation session
Edition: 2022-12-31 · In force
26. Persons who may attend mediation session
(1)At every mediation session, save as otherwise agreed, only the parties to the dispute and the parties’ advocates or representatives shall have the right to attend.(2)Save as otherwise agreed at the initial mediation session, each party to the dispute appearing without an advocate shall have the right to be represented by one representative.(3)A law firm representing a party during a mediation shall, at any given time, allocate that case to a particular advocate or advocates within the firm.(4)With the prior consent of all the parties, the following persons may attend a mediation session—(a)a mediator enlisted on the Committee’s list of mediators under the mentorship program:Provided that such mediator attending by virtue of this sub- rule shall have been attached to the mediator appointed for that case as his or her mentor and present a letter from the Registrar indicating that he or she is under a mentorship program in accordance with the Committee’s Mentorship Guidelines;(b)an advocate holding brief; and(c)a pupil attached to an advocate on record for a party:Provided that not more than one pupil from a given law firm may attend a case under this subrule and shall at all times attend in the company of the master advocate.(5)Any person attending a mediation session under subrule (4) shall be bound by the rules of confidentiality set out in rule 25 and, at his or her first appearance, sign the confidentiality agreement.(6)The mediator shall ensure that any person attending a mediation session is authorized to do so and that the requisite consent has been obtained from the parties where necessary.