SCHOOL OF LAW

BACHELOR OF LAWS
END OF SEMESTER EXAMINATION (SPECIAL)
SLS 3236: ALTERNATIVE DISPUTE RESOLUTION

DATE: 1ST JULY 2015 Time: 2 Hours

Instructions
1. This examination consists of THREE SECTIONS.
2. Answer ONE question from EACH SECTION.

SECTION A

QUESTION 1

In light of the provisions of Article 159 of the Constitution of Kenya 2010 and the High Court
Decision in R vs. Mohammed Abdow Mohammed, critically analyse the extent of arbitrability in
Kenya. (20 marks)

QUESTION 2

a) What are the main differences between negotiation and mediation? (5 marks)

b) “A good negotiator is not necessarily a good mediator”. Discuss. (15 marks)

SECTION B

QUESTION 3

a) Critically examine the provisions of s 59A-59D of the Civil Procedure Act. What would
you include in the mediation rules under the sections? (10 marks)

b) Should lawyers be involved in mediation? Explain the reasons for your views. (10 marks)

QUESTION 4

“English law has never arrived at a general theory for distinguishing those disputes which may
be settled by arbitration from those which may not…” Discuss. (20 marks)

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SECTION C

QUESTION 5

The Attorney General’s Chambers seeks to prepare a bill to govern traditional dispute
resolution in Kenya. Given your expertise in Alternative Dispute Resolution, you have been
identified to advise on the same. Prepare the legal opinion you would submit to the Attorney
General highlighting the areas which such a law should cover. (20
marks)

QUESTION 6

Write short notes on ANY FOUR of the following. Highlight relevant constitutional and
statutory provisions where applicable:
a) Arbitration (5 marks)
b) Mediation (5 marks)
c) Negotiation (5 marks)
d) Conciliation (5 marks)
e) Traditional Dispute Resolution (5 marks)

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