12 Dec, 2023 3:34 PM

Dispute Resolution Mechanisms are methods for resolving conflicts and disputes. ARBITRATION, MEDIATION, LITIGATION, NEGOTIATION and BUSINESS DISENGAGEMENT SUPPORT SERVICES are the most known alternative dispute resolution mechanisms available to individuals, businesses and even governments today. – contrary to the all familiar traditional dispute-resolution process of our civil justice system where a judge or jury decides who is right or wrong – where someone wins and someone loses.

H W Gichohi & Company CPA (K) offers professional legal and dispute resolution support services with primary aim to having Settlement and compromise reached among the disputants as opposed to the strenuous, complicated and costly legal system. In fact, courts require parties with disputes to consider some form of dispute resolution mechanisms before going to trial.

Our Legal and Mediation Processes to resolve disputes include.

1. Mediation
We act as a neutral third party (impartial person) to facilitate negotiation between disputants with communication between them, to promote reconciliation which will allow them to reach a mutually acceptable agreement and come to a consensus that is voluntary and sustainable on their own.

2. Arbitration
As an arbiter, we act as a neutral third party, in a typically an out-of-court dispute resolution arrangement. We control the process by listening as each side argues its case and presents relevant evidences before rendering a binding decision that is usually confidential – a decision that usually cannot be appealed against, unlike in traditional legal systems.

3. Litigation (Going to Court)
Civil Litigation is the use of the courts and civil justice system to resolve legal controversies - the most familiar type of dispute resolution involving a defendant facing off against a plaintiff before either a judge or a judge and jury. Under this procedure, the judge or the jury is responsible for weighing the evidence and making a ruling. Unlike in arbitration decision (which is usually confidential), the information conveyed in hearings and trials in litigation process usually enters, and stays on the public record.

Even though lawyers typically dominate litigation, we often represent our clients in courts for presentation of evidence and take deposition about the facts we see them in the position of the case - which often ends in a settlement agreement during the pretrial period of discovery and preparation.

4. Business Disengagement Support Services
The four main forces of disengagement are: Poor job fit, Poor management fit, poor fit with the people on the team, and poor organizational fit (meaning company culture and senior leadership)

Our disengagement support portfolio takes many forms by making your re-engagement plan personal and meaningful. If you are asking the following questions, you are well on your way to an engaged workforce:
• What kind of support does the employee need?
• Can the organisation offer it and, if so, how and when?
• What role can the employee take in supporting themselves or being part of the solution?
• Agree short-term actions and reduce bureaucracy: decide what will be done, by whom and by when.

We are experts in sharing our expertise on ‘’What Business Leaders Need To Do About The Great Disengagement At Work’’ to help employees regain their motivation is good for them and good for the business. However, those unable or unwilling to take the necessary steps are can be assured of another emerging phenomenon: the GREAT DISCONNECTION.

Get in touch!

Our Contacts
H.W. Gichohi & Company CPA (K)
(+254) (0)713 324558, (0)733 324558, (0)724 256228
[email protected]
Allimex Plaza, 4th Floor, Near Eka Hotel or Nextgen Mall, Mombasa Road
Nairobi
Kenya

Arbitration mediation litigation business disengagement support services employee motivation H W Gichohi & Company CPA (K) Kenya