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Section 1 of 6
State of ADR- Questionnaire for Appointing Authorities
This questionnaire seeks to collect key data from appointing authorities on the state of Alternative Dispute Resolution (ADR) mechanisms in Kenya, specifically covering Arbitration, Mediation, and Construction Adjudication for the period of 2024 and 2025 to date.
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Indicate the total number of disputes brought before you for appointment in Mediation during 2024 and 2025 (to date):
Indicate the total number of disputes brought before you for appointment in Mediation during 2024 and 2025 (to date):
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Indicate the total number of disputes brought before you for appointment in Arbitration during 2024 and 2025 (to date)
Indicate the total number of disputes brought before you for appointment in Arbitration during 2024 and 2025 (to date)
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Indicate the total number of disputes brought before you for appointment in
Construction Adjudication during 2024 and 2025 (to date):
Indicate the total number of disputes brought before you for appointment in
Construction Adjudication during 2024 and 2025 (to date):
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How do your clients rank their preference for the different dispute resolution mechanisms? (On a scale of 1-5)
How do your clients rank their preference for the different dispute resolution mechanisms? (On a scale of 1-5)
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2
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4
5
Arbitration
Mediation
Construction Adjudication
Litigation
Expert determination
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1.
Arbitration
2.
Mediation
3.
Construction Adjudication
4.
Litigation
5.
Expert determination
6.
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Of all the appointments made under each mechanism in 2024 and 2025, how many were male?
Of all the appointments made under each mechanism in 2024 and 2025, how many were male?
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Of all the appointments made under each mechanism in 2024 and 2025, how many were female?
Of all the appointments made under each mechanism in 2024 and 2025, how many were female?
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Of all the appointments made in 2024-2025, how many were to junior practitioners (persons under 40) ?
Of all the appointments made in 2024-2025, how many were to junior practitioners (persons under 40) ?
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Of all the appointments made in 2024-2025, how many were to senior practitioners (persons over 40) ?
Of all the appointments made in 2024-2025, how many were to senior practitioners (persons over 40) ?
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What were the most common form of disputes in 2024
What were the most common form of disputes in 2024
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Employment & Labor related matters
construction
commercial contracts
Public procurement
Other(specify)
Other:
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What was the approximate value range of disputes handled?
What was the approximate value range of disputes handled?
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Below KES 1 million
KES 1M–10M
KES 10M–50M
KES 50M–100M
Over KES 100 million
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What is the average time to resolution
from the date of appointment to case conclusion for each ADR mechanism?
What is the average time to resolution
from the date of appointment to case conclusion for each ADR mechanism?
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Less than 1 month
1–3 months
4–6 months
7–12 months
Over 12 months
Data not available
Other:
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What has been the trend in your ADR practice over the past 3 years?
What has been the trend in your ADR practice over the past 3 years?
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Significant growth (over 25% increase)
Moderate growth (10-25% increase)
Stable (little change)
Moderate decline (10-25% decrease)
Significant decline (over 25% decrease)
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Section 2 of 6
PROCEDURAL RULES, PANEL COMPOSITION & INTERNATIONAL ARBITRATION
This section gathers insights from appointing authorities on the structure of their neutral panels, the procedural rules commonly used in appointments, and any involvement in international arbitration during 2024 and 2025.
Please provide data specific to your organization, where available. If any questions are not applicable to your context, feel free to indicate so.
What percentage of your dispute matters settle before the appointed mechanism procedure is complete?
What percentage of your dispute matters settle before the appointed mechanism procedure is complete?
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less than 10%
10-25%
26-50%
51-75%
Over 75%
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What is the average time from final hearing to award delivery?
What is the average time from final hearing to award delivery?
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Less than 1 month
1-3 months
3-6 months
6-12 months
Over 12 months
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What is your award enforcement success rate?
What is your award enforcement success rate?
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Less than 50%
50-70%
70-85%
85-95%
Over 95%
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What are the main enforcement challenges you encounter in arbitration? (Select all that apply)
What are the main enforcement challenges you encounter in arbitration? (Select all that apply)
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Perception of the Arbitration Process
Reputation of Appointed Neutrals
Parties’ confidence in arbitration under their watch
Other:
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How do your clients rate the dispute resolution outcomes in the following aspects: (On a scale of 1-5)
How do your clients rate the dispute resolution outcomes in the following aspects: (On a scale of 1-5)
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Speed
Cost-effectiveness
Decision quality
Confidentiality
Overall experience
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Speed
2.
Cost-effectiveness
3.
Decision quality
4.
Confidentiality
5.
Overall experience
6.
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Were there any cases in which parties selected procedural rules other than those recommended or provided by your institution, even though you were the appointing authority?
Were there any cases in which parties selected procedural rules other than those recommended or provided by your institution, even though you were the appointing authority?
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(If yes, please specify the number)
(If yes, please specify the number)
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What is the total number of neutrals listed on your organization’s panel as of 30th June 2025?
What is the total number of neutrals listed on your organization’s panel as of 30th June 2025?
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Were any appointments made for international dispute matters in 2024-2025?
Were any appointments made for international dispute matters in 2024-2025?
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yes
no
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(if yes then please specify)
(if yes then please specify)
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In international dispute matters, Kenya is chosen as:
In international dispute matters, Kenya is chosen as:
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seat
venue
Both seat and venue
neither
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How do you rate Kenya's competitiveness compared to other regional appointing authorities in dispute resolution?
(On a scale of 1-5, with 5 being 'most competitive')
How do you rate Kenya's competitiveness compared to other regional appointing authorities in dispute resolution?
(On a scale of 1-5, with 5 being 'most competitive')
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4
5
vs Uganda
vs Tanzania
vs Rwanda
vs Ethiopia
vs Egypt
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vs Uganda
2.
vs Tanzania
3.
vs Rwanda
4.
vs Ethiopia
5.
vs Egypt
6.
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What are Kenya's key advantages as an alternative dispute resolution destination? (Select all that apply)
What are Kenya's key advantages as an alternative dispute resolution destination? (Select all that apply)
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Skilled practitioners
Competitive costs
Strategic location
Stable political environment
English language
Other:
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What are Kenya's main weaknesses as an alternative dispute resolution destination? (Select all that apply)
What are Kenya's main weaknesses as an alternative dispute resolution destination? (Select all that apply)
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Limited court support
Enforcement challenges
High costs
Infrastructure gaps
Skills shortage
Limited awareness
Regulatory issues
Other:
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Section 3 of 6
SECTION 3: INTEGRITY, CHALLENGES & MILESTONES
This section focuses on your institution’s experiences, practices, and perspectives regarding the appointment of neutrals. It covers how complaints or ethical concerns are addressed, the key challenges you face in the appointment process, and the notable progress or achievements your organization has made over the past two years(2024-2025).
Your responses will help identify common barriers and success stories across appointing authorities, with the goal of strengthening access to justice and the overall quality of ADR in the region.
How frequently do you encounter ethical concerns with:
How frequently do you encounter ethical concerns with:
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never
rarely
sometimes
often
Practioners
Opposing counsel
Parties
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Practioners
2.
Opposing counsel
3.
Parties
4.
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never
rarely
sometimes
often
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Does your organization have a formal process for addressing complaints or ethical concerns about neutrals?
Does your organization have a formal process for addressing complaints or ethical concerns about neutrals?
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If so, briefly describe how such issues are handled.
If so, briefly describe how such issues are handled.
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How adequate is Kenya's regulatory framework for the dispute resolution practice?
(On a scale of 1-5 with 1 being extremely inadequate and 5 being very adequate)
How adequate is Kenya's regulatory framework for the dispute resolution practice?
(On a scale of 1-5 with 1 being extremely inadequate and 5 being very adequate)
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Mostly inadequate
Extremely adequate
0
1
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5
6
7
8
9
10
1
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5
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What specific suggestions would you recommend to improve the alternative dispute resolution practice regulatory framework?
What specific suggestions would you recommend to improve the alternative dispute resolution practice regulatory framework?
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What key challenges has your organization faced when appointing practitioners that may affect efficiency of dispute resolution?(select all that apply)
What key challenges has your organization faced when appointing practitioners that may affect efficiency of dispute resolution?(select all that apply)
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limited diversity
lack of availability
funding issues
resistance from parties
legal barriers
Other:
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What are the most promising emerging opportunities in Alternative Dispute Resolution? (Select all that apply)
What are the most promising emerging opportunities in Alternative Dispute Resolution? (Select all that apply)
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Cross-border commercial disputes
Technology and IP disputes
Climate and environmental disputes
Investment arbitration
Construction and infrastructure
Energy and mining disputes
Financial services disputes
Other:
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What would you consider the most significant achievements your organization has made in its role as an appointing authority over the past two years? (select all that apply)
What would you consider the most significant achievements your organization has made in its role as an appointing authority over the past two years? (select all that apply)
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increased case numbers
Improved gender or age diversity in appointments
Expansion of panel or membership
Involvement in international or cross-border disputes
Implementation of training or mentorship programs
Enhanced integrity and complaint-handling mechanisms
Engagement in policy or legislative reform
Other:
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Section 4 of 6
CAPACITY BUILDING & PROFESSIONAL DEVELOPMENT
This section explores efforts by your organization to train, mentor, and equip neutrals for effective dispute resolution. It looks at capacity building, continuing professional development, and knowledge-sharing initiatives.
Has your organization conducted any training, workshops, or capacity-building programs for neutrals in 2024 -2025
Has your organization conducted any training, workshops, or capacity-building programs for neutrals in 2024 -2025
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If yes, please briefly describe the type of training and number of participants.
If yes, please briefly describe the type of training and number of participants.
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Do you have a formal mentorship or onboarding program for new neutrals
Do you have a formal mentorship or onboarding program for new neutrals
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If yes, please provide a brief overview of the mentorship/onboarding program for incoming neutrals
If yes, please provide a brief overview of the mentorship/onboarding program for incoming neutrals
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What skill areas do you believe are most critical for neutrals to be trained in currently?
What skill areas do you believe are most critical for neutrals to be trained in currently?
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Ethics and integrity in ADR
Case management and procedural efficiency
Drafting clear and enforceable awards/settlements
Managing multi-party or complex disputes
Negotiation and communication skills
Diversity, equity, and inclusion in ADR
Technology in dispute resolution (e.g., virtual hearings, AI tools
Sector-specific knowledge (e.g., construction, finance, IP)
Conflict of interest identification and disclosur
Other:
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Section 5 of 6
TECHNOLOGY AND INNOVATION
This section explores how appointing authorities are adopting technology and innovative practices in the administration of ADR. It seeks to understand the extent of digital integration in dispute resolution processes, tools used to enhance efficiency, and emerging trends that are shaping the future of ADR in your organization.
Your insights will help map out the role of innovation in improving access to justice, procedural efficiency, and the overall effectiveness of appointments.
On an increasing scale of 0-5, how much do you use the following technologies in your ADR practice?
On an increasing scale of 0-5, how much do you use the following technologies in your ADR practice?
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0
1
2
3
4
5
Virtual hearings
E-filing systems
Digital evidence management
Online case management
AI-assisted legal research
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1.
Virtual hearings
2.
E-filing systems
3.
Digital evidence management
4.
Online case management
5.
AI-assisted legal research
6.
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What technology investments is your Institution planning to improve efficiency of ADR mechanisms? (Select all at apply)
What technology investments is your Institution planning to improve efficiency of ADR mechanisms? (Select all at apply)
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Case management systems
AI-powered legal tools
Virtual hearing facilities
Digital evidence platforms
Document automation systems
Other:
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How has Online Dispute resolution impacted your ADR practice (Select all that apply)
How has Online Dispute resolution impacted your ADR practice (Select all that apply)
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Increased use of virtual proceedings
Reduced case timelines
Improved process efficiency
Greater client acceptance of technology
no significant impact
Other:
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Section 6 of 6
RECOMMENDATIONS AND POTENTIAL FEEDBACK FOR FUTURE ENGAGEMENTS
This section invites your views on how the ADR appointment ecosystem in Kenya can be strengthened. Your feedback will inform sector-wide reforms, collaborations, and priority-setting.
What recommendations would you make to improve neutrality, efficiency, and diversity in ADR appointments across the region
What recommendations would you make to improve neutrality, efficiency, and diversity in ADR appointments across the region
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Are there any policy, legal, or institutional reforms that would help appointing authorities perform their roles more effectively?
Are there any policy, legal, or institutional reforms that would help appointing authorities perform their roles more effectively?
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What are your views on integrating Traditional Dispute Resolution with formal ADR processes?
What are your views on integrating Traditional Dispute Resolution with formal ADR processes?
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Is your organization open to future collaboration with other institutions (e.g. knowledge-sharing, co-hosted events, joint panels)?
Is your organization open to future collaboration with other institutions (e.g. knowledge-sharing, co-hosted events, joint panels)?
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if Yes, please specify the areas you are willing to collaborate on
if Yes, please specify the areas you are willing to collaborate on
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What additional comments do you have on the state of ADR practice in Kenya?
What additional comments do you have on the state of ADR practice in Kenya?
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Data Validation:
I confirm that the information provided in this survey is accurate to the best of my knowledge.Data Validation:
I confirm that the information provided in this survey is accurate to the best of my knowledge.Question Type
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incase of any need for a follow-up interview; please provide your details of your institution ?
Name
incase of any need for a follow-up interview; please provide your details of your institution ?
Name
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email
email
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