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Alternative Dispute Resolution And Client Counseling Question Paper

Alternative Dispute Resolution And Client Counseling

Course:Bachelor Of Laws

Institution: Moi University question papers

Exam Year:2010

MOI UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
SECOND YEAR FIRST SEMESTER EXAMINATIONS.
FOR THE DEGREE OF BARCHELOR OF LAWS.
COURSE CODE :FLB 210
COURSE TITLE : LEGAL ANALYSIS AND ALTERNATIVE DISPUTE RESOLUTION
INSTRUCTIONS TO CANDIDATES.
1. ANSWER QUESTION ONE AND ANY OTHER THREE
2. ILLUSTRATE YOUR ANSWER WITH RELEVANT DECIDED CASES AND STATUTORY PROVISIONS.

Question one.
“Along with the proponents of ADR , there are a substantial number of critics who question whether ADR provides a better justice system than the civil system. Critics contend that while the expansion of ADR has given some the opportunity to resolve their dispute in an inexpensive fashion some use of ADR have proven to be disenfranchise vulnerable parties. – kathrine V.W stone”.
“In the united states critics often argue that ADR is hostile to the rule of law- and ultimately to justice itself”- jean stenlight. is ADR consistent with the rule of law? Lessons from abroad.
With the above in mind as points of departure discuss:
a) The challenges faced by the court system which necessitate the use of ADR [15 MARKS]
b) The role played by the courts and asses whether this can readily be substituted by ADR [10 MARKS]

Question two.
Under order 11 rule three of Cap 21 the courts are empowered to “make referrals to ADR” during the case conference.
ARTICLE 159(2) Of the constitution requires courts and tribunals to be guided by certain principles when exercising judicial authority. It requires them to promote “alternative methods of dispute resolution including reconciliation, mediation, arbitration, and traditional resolution mechanisms”
With reference to the this provisions discuss the role of the following persons in light of the development.
a) The lawyer
b) The case management judge. [15marks]

Question three.
KIKI and DIDI are a separated couple who run business together. They keep squabbling over this and that in the process, enlisting the help of their lawyers, friends, business associates and anyone else that cares to listen. Their disputes range form child custody to issues of decision making in the business. Fed up with being forced to take sides their friends resolve to meet and see the possibility of finding a lasting solution. Everyone agrees that mediation is the best since it will preserve and perhaps improve the existing relationship they opt to hire a mediator to help them resolve their issues but can’t decide on the type of mediation to hire for them.
With a view of helping they decide:
a) Explain what evaluative and facilitative mediation is and whether they can be used to solve their dispute.
b) Explain how transformative mediation differs from facilitative evaluative mediation.
c) Explain the shortcoming within the approach.
[15marks]

Question four.
Write notes on the following concepts.
a) The Scott Avery clause.
b) The role of the ombudsman in Kenya.
c) The ethical issues in mediation. [15 marks]
Question five.
Discuss the main principles underlying the Kenyan arbitration act. [15 marks]

Alternative Dispute Resolution And Client Counseling Question Paper

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