Your growth specialists in corporate governance and corporate secretarial services
Lexserve Registrars was established back in 2015
As part of its regional expansion, Lexserve Registrars has established a presence in Nairobi and Kisumu Kenya
We are driven and motivated by Integrity, Competence, and Efficiency
Lexserve Registrars is affiliated to Muma & Kanjama Advocates
 
About us
Lexserve Dispute Resolution Centre

Lexserve Dispute Resolution is a centre focused on facilitating and promoting Alternative Dispute Resolution between individuals, within groups and in organizations. Established in 2015, LDRC’s key objective is the promotion of efficient, effective, sustainable and cost effective dispute resolution mechanism for businesses globally. In the execution of this mandate LDRC offers several dispute resolution services all geared towards the achievement of the Centre’s goal of becoming the preferred dispute resolution center for businesses.

Our Mission

To provide an ADR centre of excellence that is the first choice for Kenyan and international organizations and individuals seeking to learn how to resolve, or resolve, conflict and disputes.

Our Vision

We envision a community where litigation will be a choice of last resort; conflicts will be resolved with less stress, faster, at less cost and with greater contentment to parties involved.

Dispute Resolution Services

LDRC offers a variety of alternative dispute resolution services to suit your unique and specific circumstances. Below are the alternative dispute resolution services we offer:
  1. Arbitration,
  2. Mediation,
  3. Adjudication,
  4. Conciliation,

1. Arbitration

What is Arbitration?

Arbitration is the consensual, non-judicial process of bringing a dispute before an independent third party (and arbitrator) for resolution. The arbitrator takes up the role of a judge in that he/she hears the evidence brought by both sides and makes a binding decision. The process may be conducted by a single arbitrator or a tribunal.

Why Arbitration?

Arbitration has the following advantages:
  • Parties are free to appoint an independent arbitrator and choose a neutral venue,
  • It permits the parties to agree on the procedures they wish to apply to their arbitration,
  • Due to the flexibility and finality of arbitration proceedings, resolving disputes through arbitration may often be quicker and cheaper than resolution through court litigation,
  • It is confidential as hearings are conducted in private and awards are, under normal circumstances, not published,
  • Arbitral awards can be enforced in foreign countries,
  • Arbitral awards are usually final and not subject to review on the merits, meaning prolonged court appeal procedures can generally be avoided.

How does it work?

A dispute is referred to arbitration either where both parties agree or where there is an arbitration clause in a contract between the parties requiring that any disputes to be referred to arbitration. An arbitrator will then be appointed either by mutual agreement between the parties or, if the referral was based on an arbitration clause, in accordance with the contract.

2. Mediation


What is Mediation?

Mediation is a consensual process, based on self-determination that involves the participants in the dispute, together with their lawyers, advisers, or supporters, if they have any, meeting with a neutral third person. The mutual aim is to find a resolution to the dispute or problem that the participants face. The mediator has no power to make decisions regarding the outcome, but assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.

Why Mediation?

Mediation is an effective and popular way of resolving disputes without the need to go to court. In mediation the parties 'control' the outcome, rather than it being imposed upon them. Aside from this there are many other advantages to mediation:
  • It is cheaper compared to solving dispute through the court process,
  • It is a quicker way of solving dispute compared to court process,
  • It preserves confidentiality,
  • It allows for flexible solutions and settlements,
  • It provides a win-win situation for both parties in a dispute,
  • It is flexible and avoids technicalities,
  • It is a voluntary process,
  • It promotes reconciliation and therefore suited to situations where the parties wish to preserve their relationship.

How does it work?

The mediator assists the parties to identify the disputed issues, and allows them to explore the full range of potential solutions in a safe environment, develop options, consider alternatives and endeavor to reach an agreement. The mediator may encourage the use of principled negotiation, based upon reason and objective criteria. He/she may also use reality-test the perceptions of fact, advantage, risk, and cost; and thereby assists the participants to find a mutually acceptable solution.

Mediation does not involve the mediator telling the parties the solution - or even venturing suggestions. It is for the participants themselves to find, with the mediator's assistance, and to agree a solution that meets their needs, concerns, and interests. Control remains with the parties.

3. Adjudication

What is Adjudication?

Adjudication is a contractual or statutory procedure for swift interim dispute resolution method. It involves an independent third party, the adjudicator, considering the claims of both sides and making a decision. The adjudicator is usually an expert in the subject matter in dispute and is selected by the parties in dispute. The role of the adjudicator involves hearing evidence brought by both sides and making a binding decision a binding decision. Adjudication is often used in settling general and specialized construction disputes.

Why Adjudication?

The benefits of adjudication include:
  • It can be commenced during the course of works to resolve interim disputes quickly, assist cash flow and ensure progress of works continue,
  • The parties can select the expert or the characteristics of the expert,
  • The expert can act as an investigator,
  • Seldom lengthy oral arguments or legal submissions,
  • No cross examination or formal evidence,
  • Streamlined, speedy and flexible procedures as agreed between the parties,
  • Less expensive,
  • The adjudicators decision is binding (unless set aside by arbitration or the courts).

How does it work?

Adjudication takes place when a matter is referred to adjudication through mutual agreement of both parties or where there is an adjudication clause in a contract between the parties requiring that any disputes to be referred to adjudication. Adjudication is often subject to a strict timetable and may be based purely on documentary submissions.

4. Conciliation

What is Conciliation?

Conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings.

The main difference between conciliation and mediation proceedings is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal. A mediator by contrast, will in most cases and as a matter of principle, refrain from making such a proposal.

Why Conciliation?

Conciliation offers several benefits:
  • It is convenient as the parties can choose the timing, language, place, structure and content of the conciliation proceedings,
  • The parties are free to select their conciliator, thereby enabling them to get someone with the desired expertise,
  • Due to the informal and flexible nature of conciliation proceedings, they can be conducted in a time and cost-efficient manner,
  • Disputes can be settled discretely thereby ensuring confidentiality.

How does it work?

The conciliation process is very similar to mediation in that the conciliator assists the parties to identify the disputed issues, and allows them to explore the full range of potential solutions in a safe environment, develop options, consider alternatives and endeavor to reach an agreement. The major difference is that the conciliator may suggest solutions to the parties but the suggestions are not binding on the parties.