2nd NCIA International Arbitration & ADR Conference highlights
February 23, 2021
1st NCIA Mediation Moot Competition, 2021
August 3, 2021
1st NCIA Mediation Moot Competition, 2021
GU3A1017

The NCIA Mediation Moot Competition will introduce participants to lawyering skills in Mediation. The judging criteria will reward those participants who use an effective combination of advocacy and problem-solving in mediation. Advocacy being the art of representing client interests while problem-solving being the ability to learn about each other’s client interests, determining the BATNA (Best Alternative To A Negotiated Agreement), use of objective standards, brainstorming options, and creativity in fashioning solutions that meet those interests. Participants will be expected to balance their clients’ interests with the goal of achieving an effective settlement.

The Moot Problem was based on a Request for Mediation arising out of a Building Construction Contract in relation to a payment dispute between "Scott Construction Group" & the "Republic of EuroAsia". The Request for Mediation is in the style and format as prescribed by the NCIA Mediation Rule, 2015. The judging criteria rewarded those participants who used an effective combination of advocacy and problem-solving in mediation such as;

  1. Ability to learn about each other’s client interests,
  2. Determining the BATNA
  3. Use of objective standards, brainstorming options,
  4. Creativity in fashioning solutions that meet those interests, and
  5. Balancing clients’ interests with the goal of achieving an effective settlement.

PARTICIPATING SCHOOLS

The following Law Schools participated in the Competition.

  1. University of Nairobi (UON)
  2. Kenyatta University (KU)
  3. Catholic University of Eastern Africa (CUEA)
  4. Africa Nazarene University (ANU)
  5. Moi University (MU)
  6. Mt. Kenya University (MKU)
  7. Egerton University (EU)
  8. Jomo Kenyatta University of Agriculture & Technology (JKUAT)

MOOT JUDGES

The Centre appreciates the following Mediators and judges in the order of the Panels that they sat in for their time and efforts in making the Competition a success;

Preliminaries: 29th June 2020

Panel 1

  1. Dorcus Endoo – (Mediator)
  2. Victoria Kigen - Judge
  3. Noreen Kidunduhu - Judge

Panel 2

  1. Kananu Mutea – (Mediator)
  2. Gichanga Ndirangu - Judge
  3. Kivindyo Munyao - Judge

Panel 3

  1. Andrew Waruhiu - (Mediator)
  2. Frankline Cheluget - Judge
  3. Bonventure Otieno - Judge

Panel 4

  1. Brian Mylo - (Mediator)
  2. Mercy Okiro - Judge
  3. Oscar Gathura – Judge

Semi-Finals

Panel 1

  1. Dr. Wilfred Mutubwa – (Mediator)
  2. Florence Oduk - Judge
  3. Kihara Muruthi - Judge

Panel 2

  1. Samuel Nderitu – (Mediator)
  2. Lawrence Muiruri - Judge
  3. Thomas Narciso Daniels - Judge

Finals

Panel 1

  1. Jacqueline Oyuyo Githinji -(Mediator)
  2. Gladys Wamaitha - Judge
  3. Rtd. Justice Muga Apondi - Judge

The Moot Competition was held at the Kenya School of Law, the Chief Guest for the opening Ceremony was Hon. Mr. Justice Fred Ochieng’ and the Closing Ceremony had Mr. John Ohaga, SC as the Chief Guest. The finalists were University of Nairobi and the overall winner was Kenyatta University. The three students from Kenyatta University will be given 3 Months Internship Positions at the at the Case Management Department as stipulated under Rule 21 of the Moot Competition’s Rules.