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Alternative Dispute Resolution Question Paper
Alternative Dispute Resolution
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2011
ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS
1.The Bunduni community from the Kenyaane province in the country of Banyakenya have recently,with the help of Maslahah,a legal Non-Governmental Organisation been trained on community organising in order to solve community problems and create better living conditions for all.
During the training,in the brainstorming session on core problems facing the community,they severally cited the lack of access to justice infrastructure such as courts saying the nearest court was one hundred miles away,and the court officials habitually demanded high bribes before serving people.They also observed that one main hindrance to the community coming together to solve common problems is that most people are preoccupied with the many family,clan,neighborhood rivalries,endless disputes,enmities and antagonisms leading to a general sense of acrimony in the community.After some discussions,it emerged that the community is not well versed with ADR,and many of them have over the years exhausted their resources,sold land,cows,chicken and furniture and got into un-ending debt to raise funds to travel to one court one hundred miles away to seek solutions to even minor disputes.Needless to say the court has got backlog of cases dating many years back.
You are the Legal Officer at Maslahah,charged with the Legal Aid and Advice Program in the Bunduni Community.You are now tasked with organising workshops to teach the Bunduni Community members ADR mechanisms that they could apply to make their personal and communal lives more peaceful and productive.
As the brilliant and organised legal officer you are,you have decided that in the first workshop you will explore:the different causes of conflict;the different types of conflict,some conflict prevention mechanism;and the various ADR mechanisms that exist.
Write a detailed account of the important points you would ensure that they learn in regard to causes and types of conflicts,conflicts prevention mechanisms and the different types of ADR mechanisms available. (30 marks)
2.Discuss in detail the various stages of the Negotiation Process. (20 marks)
3.Early mediation theory recognised only one type of mediation.The mediator,while remaining in control of the process merely facilitated the parties negotiating in an attempt to assist them to create their own solutions.From this style of mediation developed several others over time that now mark the mediation landscape.
a)Briefly describe the evolution of mediation styles,indicating which style the Chartered Institute of Arbitrators of the UK of which there is a Kenyan branch teaches and why.
(5 marks)
b)Describe in detail the various mediation styles you have learnt. (10 marks)
c)Give an account of the arguments for and against various styles of mediation.(5 marks)
4.a)Give a comparative analysis of Arbitration and litigation. (8 marks)
b)Give an account of the Arbtration Process describing the various stages.(12 marks)
5.Write detailed discussion notes on any four of the following:
a)An Arbitration Agreement (5 marks)
b)Factors that make family disputes different from other types of disputes.(5 marks)
c)The clauses of a Negotiation Settlement Agreement. (5 marks)
d)Reframing as a process skill in mediation. (5 marks)
e)The role of a mediator. (5 marks)
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