PRIVILEGES OF ACCREDITED MEDIATORS
In Kenya, accredited mediators, particularly those recognized by the Judiciary of Kenya through the Mediation Accreditation Committee (MAC), are entitled to several benefits and privileges as listed below:
1. Court-Annexed Mediation Roles
Appointment to Mediation Panels: Accredited mediators can be selected to mediate cases referred by the Kenyan courts under the Court-Annexed Mediation (CAM) program.
Case Referrals: Courts refer civil, commercial, employment, land, and family disputes to accredited mediators. They are recognized for their role in resolving disputes outside of formal litigation.
2. Professional Recognition and Status
Certification by the Judiciary: Mediators accredited by MAC are officially recognized and certified to practice within the Kenyan legal framework.
Authorized Practice Areas: Accredited mediators can practice in specialized areas such as Civil, Commercial, Land, Employment, Family, and other specified disputes.
3. Remuneration and Fees
Payment for Mediation Services: Accredited mediators are entitled to remuneration for mediation services provided in court-referred cases. Payment rates are typically set by the Judiciary or negotiated in private mediations.
Fee Schedules: The Judiciary provides guidelines on the rates for mediations depending on the case value, complexity, and time spent.
4. Legal Immunity and Privileges
Confidentiality Protection: Accredited mediators are entitled to confidentiality protections under Kenyan law. Statements made during mediation sessions are privileged and cannot be used in court.
Legal Immunity: Mediators have immunity from being sued for actions taken in their role as mediators, provided they acted in good faith and within the scope of their authority.
5. Professional Development Opportunities
Access to Training: Accredited mediators have opportunities for continuous professional development through Judiciary-sponsored workshops, seminars, and further training sessions.
Networking Opportunities: They can join local and international mediation networks, forums, and associations to advance their skills and stay updated on best practices.
6. Access to Court Records
Court Documents: Mediators are entitled to access necessary case documents and information from the courts, which help them prepare for mediation sessions.
7. Recognition in Private Practice
Private Mediations: Beyond court-annexed roles, accredited mediators can conduct private mediations and charge for their services independently. Their accreditation enhances their credibility and marketability.