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Friday, January 28, 2022

Female mediator breaking career barriers

 

Angela Kioi, Managing Partner, Kioi & Company Advocates during the interview on January 18, 2022. PHOTO | DIANA NGILA | NMG

For many years during her legal practice, Angela Kioi wondered how long it would take her to become a partner in an established law firm.

In many ways, a partnership is the cream of legal practice. To become a partner, she would have had to practice law for many years and dedicate the bulk of her time to a firm—through the stages of an associate, principal associate, senior associate before becoming a partner.

Angela, 38, was not ready to wait. Instead, she quit litigation after six years and founded her legal firm in 2014, Kioi & Co Advocates, to focus on corporate law.

Venturing into a territory where many have ended up in financial ruin, she could only have two outcomes: to flourish or to burn her fingers.

“Starting as a sole female founder is difficult. But doing this has been one of the most rewarding experiences in my life,” says the professional who sits on the board of the Domain Registrars Association of Kenya.

On getting her business off the ground, she recounts: “A client had paid me Sh50,000 in fees. I bought a desk and rented space. I was ready for business.”

Two days later, the first client walked through her door. By drafting demand letters, contracts, and other basic documents, she made some money in her first month to pay her office rent for two months.

Eight years later, Angela is happy she made the plunge, and at the right time. In corporate Kenya today, mediation is now the go-to tool in dispute resolution over litigation.

As mediation grows in popularity, so is the number of women practitioners. Angela could not have positioned herself better than by being a certified advance mediator and the chairperson of the Association of Certified Mediators.

“Globally, more businesses are looking for [solutions] outside the court system and arbitration in a way that mitigates the negative effects of disputes,” says Angela, whose firm specialises in corporate law, alternate dispute resolution, estate planning, and real estate law.

She argues that litigation is “expensive and emotionally draining” and often erodes the possibility of future relationships between parties. There is also the difficulty of litigation— a male-dominated space —for women practitioners.

Does anything in particular, make women a better fit for this mediation space? Are they better negotiators? Less combative?

“Women can build consensus faster and to move forward,” Angela explains.

“In all sorts of negotiations and mediation, you have to put away egos and positions to get to the crux of what you’re trying to achieve.”

She notes, though, that beyond personality, the ability to understand a wide array of businesses is necessary to execute client briefs. How often does she go to court these days, if at all? “Court sessions are fewer. Litigation is an offshoot of what we do daily.”

She is an adventurer, a risk-taker and an adrenaline junkie who likes long drives, camping, and motorsport. “My husband and I love road trips. There’s an excitement that comes with being on the road.”

When Lewis Hamilton controversially lost the 2021 Formula One season to his Belgian-Dutch competitor Max Verstappen, Angela was among millions of the Englishman’s fans worldwide who went online to vent. She tweeted: “I don’t agree with the decisions made; next year we do it better and harder.”

So, why motorsport, I ask. We’re meeting at the cozy-luxe SNDBX (pronounced as “sandbox”), a communal office where the firm operates from.

“My father is a mechanical engineer. I spent a lot of my childhood with my father enquiring about different parts of our family car. I love fast cars,” she recalls. “Formula One excites me. During the season, I watch the races every weekend.”

A race from any major circuit in the world is an item on her bucket list.

Where is her law business now? “On growth and expansion. When we started, I was armed only with legal knowledge. I didn’t have an understanding of operational elements such as taxes and finance. Now I have these skills.”

“When you start a business, there’s a lot of imposter syndrome and doubt. In the last three years, I’ve discovered the things I can actually do and put myself and my thoughts out there.”

I wonder if there are mistakes she would repeat if she could. “Taking risks,” she replies with wistful cheer, noting she was fearless when she started, regularly tinkering with business ideas. “Now I’m more cautious. Having made losses, I think a lot before committing to do something.’’

Lessons have been bountiful. “Business is shaky ground. Employment gives you stability because there’s no uncertainty. But when you crack business, money comes in. After five years in operation, you’re clear about where the business is going.”

Negotiations, she says, have taught her patience. “Sometimes you can see the solution, but if people can’t see your point of view, it’s difficult to get them to see the solution.”

36 companies

What this job has not changed about her, though, is her exuberance. Angela believes everyone brings their own weather to the picnic. “I’m social. I’d sit with people just to understand their perspectives. I take joy from living, no matter the situation.”

On being housed at the SNDBX, Angela says: “We’re 36 companies, all who maintain their own businesses. The idea was to bring different services closer to start-ups. We realised that SMEs were struggling to find essential services such as branding, legal, tax, and finance.”

She adds: “We’re able to market together, to collaborate on different operations and even to refer business to each other.”

As more firms eye mergers, she says what has stood out for her is the level of mistrust and dishonesty people have during negotiations.

“People act and behave differently depending on their level of desperation. Even as you sit through negotiations, you must be able to see beyond their behaviour,’’ she says, adding that it is imperative to have a trustworthy legal team. “A merger is like a marriage: you must know your partner [before committing]. And the longer a transaction takes, the fewer chances it will succeed.”

What are men like in negotiations? Audacious, she observes. “They bring self-confidence to the negotiation table. Few men will second-guess themselves. They like to take control. It’s something women professionals need to pick up.”

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