🤝 What is Dispute Arbitration & Mediation?
Mediation is a voluntary, confidential process where a neutral third party helps shareholders reach a mutual agreement.
Arbitration is a more formal process where a neutral arbitrator makes a binding decision after hearing both sides.
At ERC, both processes are handled internally or with external experts, depending on the complexity, and are recognized as alternative dispute resolution (ADR) mechanisms under Kenyan law.
- Our Processes
Important Tips on Disputes
⚠️ Common Disputes We Handle
⚖️ Shareholder conflicts over ownership or succession
📍 Boundary and land encroachment issues
🧾 Disputes over duplicate or missing share records
🧑🤝🧑 Family or group claims on inherited land
🛑 Complaints involving previous unauthorized transfers or transactions
💬 Conflicts arising during AGMs or shareholder decision-making
🧑💼 Why Use ERC’s Mediation & Arbitration?
Cost-effective and faster than court proceedings
Confidential and community-friendly
Led by experienced professionals in land, law, and shareholder relations
Outcomes are legally binding where applicable
Helps maintain community unity and avoid prolonged disputes
📝 Requirements
To file a dispute case with ERC, the following is required:
🧾 Formal letter of complaint stating the nature of the dispute
🪪 Copy of your national ID and share certificate
🗂️ Supporting documents (e.g., plot number, maps, agreements)
💵 Payment of a dispute handling fee (amount depends on complexity)
📞 Contact information for all involved parties
Our process
Dispute Filing
Submit documents and register the case with the Shareholder Services Desk
Preliminary Review
A review panel evaluates eligibility and documentation
Mediation Session (if both parties agree)
An ERC mediator hosts a facilitated dialogue
Arbitration Hearing (if mediation fails or is bypassed)
A formal session with written statements, evidence, and witnesses if needed
Final Ruling & Documentation
We issue an official report confirming location, boundaries, and findings.
Follow-Up Services
- A resolution is recorded and communicated to both parties
- The outcome is filed in ERC’s records and becomes binding internally
OUTCOME
📂 Deliverables
✔️ Written Mediation Outcome or Arbitration Decision
✔️ Updated shareholder file and land record (if applicable)
✔️ Conflict resolution report for future reference
✔️ Advisory on next steps such as beaconing, title application, or court if unresolved
Whether you have a specific need in mind or simply have a question, please don’t hesitate to contact us.
Site Visits
Site Visits service gives shareholders the opportunity to visit and physically inspect their allocated land under the guidance of our professional land officers.
