By Steven Masiga
Alternative Dispute Resolution (ADR) is increasingly proving to be an effective way of transforming conflict into dialogue while promoting peace, justice and the restoration of relationships within communities.
Through ADR training, mediators are equipped with skills to help disputing parties resolve their differences without necessarily resorting to lengthy litigation. Recently, Bugisu experienced a cultural dispute that was resolved through mediation conducted by the court. The Bugwere Cultural Institution is also registering commendable progress in resolving its cultural dispute, which is now estimated to be about 80 percent resolved.
The training has equipped us with practical skills and methodologies to confront disputes constructively rather than shy away from them. I personally witnessed members of the Bugisu Cultural Institution shake hands in court following the mediation process, a demonstration of how dialogue can help restore relationships.
Alternative Dispute Resolution refers to processes of resolving disputes through non-adversarial means, where disputing parties are guided by a court-trained and accredited mediator. The mediator facilitates discussions and helps parties reach mutually acceptable solutions through mediation as an alternative to litigation.
ADR is supported by the law, particularly Article 126(2)(d) and (e) of the Constitution, as well as various pieces of legislation in Uganda, including the Conciliation and Arbitration Act. Several laws also contain provisions that provide for mediation and other forms of dispute resolution, including laws governing labour disputes and cultural institutions.
The advantages of ADR are numerous. It can help resolve conflicts more quickly, reduce costs and restore broken relationships by reopening communication channels between disputing parties. Mediation also provides a higher level of confidentiality because the proceedings are generally not conducted in public in the same manner as ordinary litigation.
Under the Judiciary’s current ADR protocols, mediation services are provided free of charge to parties. The Government of Uganda and its development partners have supported the process, and the people of Bugisu and Eastern Uganda should appreciate the contribution of partners such as the International Development Law Organization (IDLO).
Globally, interest in ADR gained significant momentum in the United States in the 1960s as part of broader legal reform efforts aimed at improving access to and the administration of justice. In Uganda, the Judiciary has continued to encourage lawyers, judicial officers and court-accredited mediators to embrace ADR as an important mechanism for resolving disputes.
ADR, however, does not advocate for the abandonment of litigation. Rather, it provides alternatives to litigation where appropriate.
I was privileged to be among the participants recently trained and awarded a mediation certificate by the Judiciary and its partners, including IDLO. The training involved rigorous instruction and assessment throughout the one-week programme.
The skills acquired through ADR training are an important foundation for developing a professional mindset capable of transforming conflict into dialogue. Through this training, we are now able to view disputes not merely as problems to be solved, but also as opportunities to promote peace, justice and, above all, preserve relationships.
In the current competitive global environment, the ability to resolve conflicts effectively is increasingly important. Litigation can sometimes take considerable time before disputes are finally resolved, making alternative mechanisms such as mediation valuable where parties are willing to engage in dialogue.
Recently, the Judiciary brought together participants from Eastern Uganda in Mbale City for training and further retooling in mediation. The participants are expected to serve as court-accredited mediators supporting the courts in Bugisu, Bukedi and Sebei.
The training covered the practical stages of conducting mediation. Participants were taught how to open a mediation session by welcoming the parties and their lawyers, introducing themselves as court-accredited mediators, explaining the mediation process and giving each party an equal opportunity to introduce themselves and present the issues in dispute.
Mediators were also trained to listen carefully to each party, summarise the issues raised and maintain the highest standards of integrity and professionalism throughout the process. They were cautioned against being judgmental or appearing to take sides.
Participants were encouraged to follow established mediation protocols to increase the chances of successful outcomes. Importantly, information shared during mediation is protected within the framework governing the process and cannot simply be turned into evidence in subsequent litigation.
Mediation is a voluntary process. A mediator should not impose the process on unwilling parties and must first obtain their consent before commencing mediation. The mediator should also remain neutral throughout the process.
Once mediation has been concluded, the mediator has no further role in the dispute and should not subsequently be called upon to testify concerning matters disclosed during the mediation, subject to the applicable law and rules governing mediation.
Mediators were further encouraged not to exert pressure on either party or conduct themselves in a manner that could create the perception of bias. Their responsibility is to facilitate dialogue and help parties clarify their positions and understanding of the issues before they reach a mediation agreement.
Mediation outcomes may vary. Some disputes result in complete settlements, while others produce partially mediated settlements. Even restoring communication between parties can be considered an important step and a partial success.
Conflicts within communities and workplaces, if poorly handled, can create organisational and social problems. Mediators are therefore being equipped to play an important role as peacebuilders within their communities.
On behalf of the mediators of Mbale High Court, I salute our facilitators, beginning with Deputy Chief Justice Emeritus, His Lordship Hon. Anthony Butera; Chairman of the Judicial Training Institute, His Lordship Mike Chibita; Professor Andrew Khaukha, Executive Director of the Judicial Training Institute; and Solicitor General Emeritus Atwooki, who took us through aspects of mediation virtually.
I also appreciate the team that travelled to Eastern Uganda to further equip us, including Madam Barbara of IDLO, Dr. Onoria and Uganda Law Council President Emeritus Counsel Gimara, as well as the entire registry team on the ground, led by Dr. Daniel and Daniel Wambale, together with Madam Barbara and Moses of IDLO.
I further salute the Judiciary leadership, particularly His Lordship the Chief Justice, Hon. Dr. Flavian Zeija, Professor Andrew Khaukha and the entire ADR Registry led by Madam Justina.
As people of Bugisu and Eastern Uganda, we greatly appreciate the efforts being made to train and equip mediators to promote peace and justice within communities while also contributing to efforts to address the challenge of court case backlog.
The writer is a court-accredited mediator and legal scholar.
