What is mediation? A plain-language introduction
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Mediation is a way of working through a disagreement with the help of a neutral person, called a mediator. The mediator does not take sides and does not decide who is right. Instead, they help the people involved talk, listen and look for a way forward that everyone can accept.
Key features of mediation
- It is voluntary. People choose to take part and can usually stop at any time.
- The mediator is neutral. Their role is to guide the conversation, not to judge.
- The people involved make the decisions. Any agreement is reached together, not imposed.
- It focuses on the future, on what can work from here, as well as on what went wrong.
What mediation cannot do
Mediation does not always lead to an agreement, and it is not right for every situation. A mediator cannot give legal advice to either side, and mediation is not a substitute for a court where a formal decision or legal protection is needed.
In Kenya, the Constitution encourages alternative forms of dispute resolution, including mediation, alongside the courts. Whether mediation is the right step depends on the circumstances of each situation.
Where to learn more
Our Mediation Explained page describes typical steps in more detail, along with situations where mediation may not be suitable.