Kwale & Diani, Kenya Mon – Fri · 8:00 – 17:00

Mediation is not a concession. It is a strategy.

Faster. Cheaper. Private. Often better — and almost always less destructive. Our mediation practice is led by an Accredited Court-Annexed Mediator, a Certified Professional Mediator, and a Mediation Trainer who believes the best settlement is one the parties own.

A signature capability

Three credentials. One quiet conviction.

Rashid is one of a small number of advocates in the Coast region with full mediation credentials — court-annexed, professional, and trainer-level. That depth means the mediation you receive is the real thing, not a delay tactic dressed up as ADR.

Court-Annexed Mediator · Judiciary of Kenya ICMC Member Mediation Trainer of Trainers FIDA Mediator
"The first conversation is rarely the real one. Mediation is the practice of giving people the room to find the conversation that actually matters." — Rashid Mbwiza, on mediation philosophy
Why mediation

Better outcomes, less damage.

The numbers on mediation are striking — and they only get better the more serious the relationship is between the parties.

Days, not years

Most mediations resolve in 1–3 sessions. A typical commercial dispute in court will take 18–36 months to conclude.

A fraction of the cost

Mediation typically costs 10–20% of equivalent litigation — and removes the runaway risk of adverse costs orders.

Confidential

What is said in mediation stays in mediation. There is no public record, no press, and no searchable judgment.

You keep the relationship

Mediation is built on consent, not coercion — so the deal the parties reach is the deal they will keep.

The Process

Six steps, end to end.

The mediation process is structured but not rigid. Each step exists to give the parties the time, safety and information they need to make a real decision.

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01

Initial enquiry & screening

A short call or meeting to understand the matter, the parties, and whether mediation is the right path. We will tell you honestly if it is not.

02

Agreement to mediate

A short, plain-English document setting out the process, the mediator's role, confidentiality, costs, and the parties' commitment to engage in good faith.

03

Pre-mediation preparation

Each party provides a brief written summary of the dispute, the issues that matter, and the outcomes they are looking for. The mediator reads them carefully.

04

Joint & private sessions

The mediation day typically opens with a joint session, then breaks into private caucuses where the mediator explores interests, options and trade-offs with each side.

05

Negotiation & option building

The mediator works the room — testing options, surfacing common ground, and helping parties see the cost of not settling.

06

Settlement & recording

If a settlement is reached, it is reduced to a written agreement and signed on the day. Where appropriate, the settlement is filed with the court as a consent decree.

What we mediate

Three practice areas, three rhythms.

Court-Annexed Mediation

Matters referred to mediation by the Mombasa Law Courts. Conducted under the Judiciary's court-annexed mediation framework, with the same rigour as any trial matter. Settlement is filed as a consent order.

Commercial & Civil ADR

Private mediation for businesses and individuals — contracts, partnerships, shareholder disputes, debt, employment, and reputational matters. Confidential, structured, and faster than any court timetable.

Family, Succession & Community

Succession disputes, family business disagreements, marital property, custody arrangements, and community land conflicts. Mediated with cultural awareness and a focus on the relationships that will outlive the dispute.

A mediation session under way, mediator and party seated across a table
The roomA mediation session: both parties present, the mediator neutral, and the conversation kept in confidence.
When mediation is not the right answer

Honest advice is part of the job.

Mediation is not magic, and we will tell you when it is not the right path. It is not the right answer where there is a serious power imbalance, where one party is acting in bad faith, where there is a need for a public precedent, or where the matter requires immediate protective orders.

Where mediation is not appropriate, we will tell you so — and then advise on the most efficient litigation strategy to protect your interests. That is also part of the value of working with a mediator who is also a litigator.

Urgent protective relief? If you need immediate injunctive relief, a protection order, or bail, we move straight to court. Mediation is for matters where there is genuine room for a conversation.
Mediation Training

Accredited training for the next generation of mediators.

As a Mediation Trainer of Trainers accredited by the Mediation Training Institute (International) East Africa, Rashid trains and mentors mediators toward accreditation with the Judiciary — and runs continuing development for accredited mediators.

He has personally mentored mediators to judiciary accreditation, and continues to support the development of mediation as a professional discipline in the Coast region.

Training & mentoring

  • Accreditation pathway support
  • Continuing mediator development
  • Court-annexed mediation orientation
  • Mediation in family and succession matters
  • Mediation clinic supervision
  • Custom in-house training for firms and teams
In the room

Training that actually happens.

Court-annexed mediator cohorts, working sessions, and the certification ceremonies that follow them — a good part of this work happens far from a courtroom.

A mediation training workshop in session, with participants seated at tables
WorkshopFacilitated sessions on process, neutrality, and the drafting of agreements people will actually keep.
A panel of mediators seated at a community dialogue event
Community dialogue"Building dialogue, creating peace" — practitioners and leaders in the same room, working the same problem.
Court-annexed mediation cohort holding up certification certificates
CertificationCourt-annexed mediation cohorts — trained, assessed, and accredited to take referred matters.
Mediation FAQ

Common questions about mediation.

The most common questions we hear from clients and referring advocates. If yours isn't here, just ask.

Yes. A settlement reached in mediation is reduced to a written agreement and signed by the parties. Where the matter is in court, it can be recorded as a consent decree and enforced like any other judgment. In private mediations, the agreement is a contract enforceable in its own right.

Mediation is voluntary. If the other side is not willing to engage, we can advise on the right next step — whether that is a formal offer to mediate (which has cost consequences in litigation) or moving directly to court.

Yes — and we recommend it. The mediator does not give legal advice; they manage the process. You can instruct us as your advocates for the mediation, or we can mediate between parties who each have their own counsel.

Most civil and commercial mediations conclude in a single day. Complex matters, or matters with many parties, can take two to three days. Family mediations are often scheduled across a few shorter sessions.

Mediation fees are agreed in advance and split between the parties by default. Court-annexed mediations are charged at the Judiciary's prescribed rates. Private mediations are quoted based on complexity and duration — and almost always represent a small fraction of the cost of equivalent litigation.

Nothing said in mediation is admissible in any later proceedings. The parties are free to pursue litigation, arbitration, or any other path. The cost of an unsuccessful mediation is a fraction of the cost of going to trial — and often narrows the issues in a way that speeds up any later trial.

Considering mediation?

A confidential 30-minute conversation with Rashid is the best way to find out whether mediation is the right path for your matter — and what it would look like.