“80–90% of cases are solved outside court. So it is wrong for people to assume that when you have a dispute, the only place to solve it is through the court,” notes Dr. Francis Kariuki, assistant director at the Strathmore Dispute Resolution Centre (SDRC) and one of the best arbitrators in Kenya.

Traditionally, access to justice has largely been associated with litigation and court processes. However, across many parts of the world, including Africa, this model continues to face several challenges as inaccessibility continues to be an obstacle, especially for vulnerable populations. Many Kenyans, especially those with limited literacy levels, struggle to understand legal procedures and frameworks. Delays in the justice system further compound the problem, with cases often taking months to be heard and even longer to be concluded.

Poverty limits access to justice by making legal representation unaffordable for many. Besides poverty, inadequate funding of judicial systems across the Global South affects their capacity to function efficiently. Because of these challenges, Dr. Kariuki notes that Alternative Dispute Resolution (ADR) methods, like mediation and negotiation, are gaining importance in developing countries.

“All disputes are manageable through ADR. ADR is basically based on the agreeableness of parties,” he explains, adding that while the law may restrict ADR in certain criminal matters such as defilement cases, ADR remains such a powerful tool for resolving most disputes.

The Role of SDRC in Bridging the Justice Gap

Established in 2012 at Strathmore Law School, the Strathmore Dispute Resolution Centre is one of the best mediation and ADR institutions in Kenya and East Africa. SDRC is the only ADR centre  anchored within a university and was the first centre in Kenya to conduct a pilot on mediation in banking disputes.

Its core mandate is to promote the use of ADR mechanisms to enhance access to justice through training and service delivery. This includes programmes such as the 40-hour mediation training, arbitration training and the provision of professional dispute resolution services.

SDRC plays such an important role in closing both the justice and accessibility gaps. “By training dispute resolvers, you empower them to become agents of peace and justice,” Dr. Kariuki explains. “We equip them with knowledge they can use within their communities. When we provide dispute resolution services, we connect parties with competent professionals who can help resolve issues efficiently.”

Since its inception, SDRC has collaborated with a wide range of stakeholders in both the public and private sectors. Each year, the centre hosts the Annual Mediation Summit in partnership with the Kenyan Judiciary. It also works closely with international partners such as Jones Day and Weinstein International, alongside other institutions in the ADR space.

The Biggest Challenge Facing ADR

Despite being effective as stated, ADR continues to face a major challenge of awareness. “There is a gap between society and ADR,” says Dr. Kariuki. “Kenyans are litigious by nature. Awareness remains one of the biggest challenges facing Alternative Dispute Resolution, not just in Kenya but across the Global South actually.”

There is also a widespread misconception that ADR is only for lawyers. “ADR is not just for lawyers,” Dr. Kariuki emphasizes. “It is for all professionals. You only need a background degree. Mediation, negotiation and arbitration are universal skills. ADR is not the preserve of advocates and judges, every Kenyan, if trained and well equipped, can help provide access to justice.”

He adds that courts are not the only avenues for justice. ADR mechanisms, community structures such as chiefs and other local systems also play an important role.

Why ADR Skills Matter for Law Students

Dr. Kariuki encourages law students to develop ADR skills early in their careers.“ADR is a professional path, just like being a lawyer. When students acquire these skills early, they gain a significant advantage. It prepares them for diverse career opportunities and equips them with both legal and dispute resolution competencies.”

To strengthen the culture of ADR in Kenya, he highlights that awareness creation and training need to be prioritised.

“We need to sensitize Kenyans so they understand that courts are not the only option. And we must continue training people in mediation, arbitration and other ADR practices so these services become accessible within communities,” Dr. Kariuki says.

Vision and the Future of ADR

Looking ahead, Dr. Kariuki envisions a society where every Kenyan is equipped with basic mediation skills. “If all of us are empowered with mediation skills, each person becomes an agent of peace. This is a transformative approach to dispute resolution. Enabling people to resolve conflicts for themselves and within their communities.”

He concludes by reflecting: “Disputes start within oneself. If you are at peace with yourself, you can transmit that peace to others. The conflicts we carry internally can be transferred to society; therefore, peace must begin with the individual.”

Article written by: Evans Ijakaa