AN ANALYSIS OF ALTERNATIVE DISPUTE RESOLUTION AS A COMMUNICATION STRATEGY IN CONFLICT RESOLUTION: A CASE STUDY OF COURT ANNEXED MEDIATION, MILIMANI LAW COURTS - FAMILY DIVISION

ABSTRACT
This study sought to analyse Alternative Dispute Resolutions as a communication strategy in conflict resolution. The study focused on Court Annexed Mediation at Milimani Law Courts at the Family Division. The study was guided by the following specific objectives: To establish whether informality of Alternative Dispute Resolutions process increases or decreases the disputant’s self-articulation (expression); To investigate whether (or not) disputants change their expectations because of the Alternative Dispute Resolutions process and to establish the interpersonal communication skills/tools used by the mediators in the Alternative Dispute Resolutions process. Two theories guided the study: Coordinated Management of Meaning by Barnette Pearce and Vernon Cronen and Functional Perspective of Group Decision Making by Randay Hirokawa and Dennis. The study used Descriptive research design. Qualitative method approach was used in the study. The sample size for this study was obtained through purposive sampling. The population of the study was those involved in the Court Annexed Mediation at the Family Division. These were the Deputy Court Registrars from the family division, judges, Mediation Accreditation Committee members, Accredited Mediators, advocates and disputants. The study used in-depth interviews and observation methods in collecting data. Tools used for data collection were interview guides and observational protocols. Qualitative data analysis was used. The researcher transcribed field notes and interview guides, made a code sheet to help in recording participants. Coding involved sorting and arranging the data in a way that the researcher was able to summarise and present the information. The study used the objectives of the study to identify emerging themes and analyse them. The results were presented through discussion verbatim by quoting the participants. The themes that emerged from the study were: setting, language, process, issues and interests, outcomes and communication competencies. The study found that communication between the disputants was the key to successful mediation. The study also found that the mediator’s role in ensuring effective interpersonal communication between the disputants by assisting them identify issues and interests, manage emotions and express themselves better was of utmost importance. From the study mediation emerged as a communication strategy as through a well guided mediation process the disputants were willing to compromise by setting aside selfish interests for mutually beneficial outcomes. This study recommends that mediation should be a process that is readily available for everyone who wants to seek it out as a method for conflict resolution.