FACTORS THAT CAN FACILITATE EFFECTIVE IMPLEMENTATION OF ODR IN

KENYA
Basically, these are the factors which after implementing ODR in Kenya can
supplement its effective application and guarantee quick adaptability within the
Kenyan scope.
Considering ODR is a new alternative dispute resolution measure, the government
must take positive steps towards its application. Briefly, the following overview
outlines some of the measures that should be taken into consideration:
Creating public awareness.
Generally, the citizenry of a state have a fundamental right to information which is
basically a right to know.1 As such, the government should create initiatives to
educate and provide them with the necessary information about the undertakings of
ODR. The advantage of this is that with appropriate knowledge, the people can then
present any online disputes with ease as they would have already known the right
procedures to follow.
Public awareness also fosters public participation and voicing in that if any matter
with regard to ODR is disputed, then the people will have a platform to present their
complaints.
Training
This is simply the act of equipping people with skills and the required expertise with
regard to ODR. Training here is essentially aimed at the online mediators. There will
be need to equip them with skills on how to handle the disputed matters via an
online panel since its somewhat different with face to face arbitration.
Also since ODR is largely a form of technological innovation in the field of dispute
resolution, there is also necessity to train personnel on the usage of the various
apparatus to be used in the process.
Establishment of Institutions
First we acknowledge that ODR is a virtual process of resolving disputes through an
online platform but there is need to create actual institutions to oversee that the
laws and policies of ODR are protected, these institution can also play an oversight
role in the ODR process to make sure that there is conformity with set norms.
Provision of support
Adequate support from the government is fundamental if ODR is to be successful in
the Kenyan context. This support can be availed in terms of funding the process,
acquisition of the necessary equipment, ensuring stability of the ODR process
among other objectives.
Goodwill and trust

Disputes presented before the ODR should be solved without any prejudice.
Satisfactory decisions should be made and proper consultation should also be
conducted before arriving at the final decision. This will create a good relationship
between the disputants and the ODR and as such trust in the program will be
established.
1

Article 35, Constitution of Kenya 2010.