What is

Mediation?

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Assisted Negotiation

Where people in dispute cannot resolve the matter between themselves, perhaps because they are too close to the issues, a trained and neutral third party can usually break the deadlock.

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A Pragmatic Process

It is not about who is right or wrong but finding a resolution that all sides can live with.  The focus is on getting past a dispute and all the time, cost and stress that such battles tend to entail.

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The Parties are in Control

The mediator has no power to impose any settlement, but merely helps the parties come to their own solution.  Any participant is free to leave the process at any time.  What is more, all conversations are confidential and cannot be used if the matter does go to court.

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Not a Legal Battle

Parties may well still be advised by lawyers, even at the mediation session if appropriate, but as the discussions are about what the parties need beyond the dispute, legal rights and positions are not the main concern.

A Mediation Consultancy

About Us

Indisputable exists because of a passionate belief that the people and organisations in Kenya could be more successful by mediating their disputes rather than litigating in court.

89% Success Rate

Around the world, numerous statistical analyses show a settlement rate for mediated disputes of between 75% and 90%. The Centre for Effective Dispute Resolution’s 2018 Eighth Mediation Audit amongst commercial mediators reported a success rate of 89%.


“For professional mediators, resolving disputes that the parties were convinced could not be settled, is quite normal.”


Indisputable focuses on the commercial sector where there is a prevalent belief that disputes are too complex or too technical to benefit from mediation, or that a disputant offering to mediate a settlement will be seen as weak. We consider that these are the very circumstances that suit mediation best.

WHAT WE DO

Our Services

Commercial organisations embracing mediation in Kenya is new ground and no two businesses will have the same needs and objectives. Therefore what we do is very much tailored to the circumstances that we find. Here are some possibilities.

Embracing Mediation Consultancy

Should your organisation be jumping on this bandwagon?  What will the costs be? What will the cost savings be?  We undertake a business wide review of current dispute resolution practices, from the genesis of disputes to lessons learned afterwards.  We use our proprietary Mediation Costs Savings Model to demonstrate the bottom-line value.


Legal Development

This is the easy part.  Working with your legal team or otherwise, we can help you to ensure that your contracts – with staff, suppliers and customers, are best configured to match your new mediation embracing strategy.


Online Mediation

Together in one room is good, but if for whatever reason that is not possible, we find Zoom a great platform to hold virtual mediations. We can all talk together, along with your lawyers and advisers, as well as breaking into breakout rooms for confidential caucus meetings. We can also all share documents and even draft agreements together on sreen.

Mediation Change Management

You can just select some disputes to try for mediation or you can re-configure multiple aspects of your business to truly capture all the benefits.  We help you put in place dispute management systems including initial dispute triage, policies and procedures and ensuring organisational capacity and capability.  We can also show you how to transform your internal culture through mediating all kinds of internal tensions and disputes.


Staff Training and Sensitisation

It’s true – not everyone really understands mediation and what if offers – even lawyers!  We can help you with communications to sensitize your staff so that everyone in the organisation is on the same page; and so that the people with direct control of dispute resolution in your organisation can make the very most of it.  Well even bring our PowerPoint and spread the message ourselves if you’d like.

Marketing Through Mediation

What?!  Yes of course.  That your organisation embraces an innovative, effective and cost-efficient way of resolving disputes is nothing but good news for your customers, clients, suppliers and staff.  So why not shout about it?  We can help you not only change your corporate culture but weave that change into the brand image that you present to your markets…and future recruits.


Mediation and Mediator Selection

If we haven’t got to know you well and compromised our neutrality we can mediate your disputes.  Otherwise, of if there is a better person for the job we’ll help you select the very best mediators.  We can also work with you on large projects to prevent disputes from breaking out in the first place and / or solving them speedily if they do.  We can also help you persuade the people on the other side of your disputes of the benefits of mediation that you now understand.

We can make mediation work for you

who we are

Our Team

Indisputable’s leader is Rupert Lipton, a UK advocate called to the Bar by the Honourable Society of the Middle Temple.  He is an Accredited Civil and Commercial Mediator (ADR Group – UK), a Chartered Professional Mediator (ICMC – Kenya) and is Accredited by the Mediation Accreditation Committee of the Judiciary of Kenya.

Rupert has wide-ranging commercial and legal experience in dispute resolution as well as in advertising, marketing, branding and communications. He is principally a communicator believing that most human tribulations can be traced ultimately to shortcomings in communications between people. Better, clearer communication leads to better, more successful outcomes.

now for action

get in touch

Please contact us by email at mediation@indisputable.co.ke

or by phone, sms or WhatsApp on +254 0731 571061


We would be very happy to arrange an initial meeting, without commitment, following which we can produce you a detailed costed proposal based on your agreed objectives.