A week-long training in Alternative Dispute Resolution (ADR) organised by the Judiciary has provided participants with practical skills to resolve disputes through mediation. Mediator Steven Masiga, who was among participants trained and certified by the Judiciary, said the programme involved intensive learning, examinations, simulations and active participation before participants could qualify for certification. The training brought together judicial mediators, magistrates and lawyers, who were taken through detailed modules on mediation and alternative justice systems.

Masiga contrasted the training with honorary doctorates, which are generally awarded in recognition of achievements or contributions rather than through conventional academic requirements. He said honorary doctorates are given for certain achievements which are not academic, and normally do not require academic coursework, examinations or submission of a thesis. In contrast, the ADR training featured experts including representatives of the International Development Law Organization (IDLO), Dr Henry Onoria and former Uganda Law Council President Francis Gimara.

The training equipped participants with the ability to use mediation to transform disputes into dialogue and promote peaceful resolution of conflicts. Masiga pointed to recent cultural disputes in Eastern Uganda as examples of how mediation can contribute to conflict resolution. He said a cultural dispute in Bugisu was recently addressed through court-led mediation, while a dispute involving the Bugwere cultural institution had also made significant progress through mediation.

Masiga said the training had equipped mediators with practical approaches to dealing with conflicts rather than avoiding them. He explained that ADR operates within Uganda’s legal framework, including constitutional and statutory provisions supporting mediation and other alternative mechanisms for resolving disputes. He cited Article 126(2)(d) and (e) of the Constitution and the Conciliation and Arbitration Act, among other laws, as part of the legal framework supporting alternative dispute resolution.

Masiga said ADR offers several advantages, including quicker resolution of disputes, reduced costs and the restoration of relationships. He also highlighted confidentiality as another important advantage, noting that mediation sessions are generally conducted privately unlike ordinary court proceedings. He further said mediation services provided under the Judiciary’s current ADR framework are offered without parties paying mediation fees, with the costs supported through government and development partners.

The Judiciary recently brought together participants from Eastern Uganda in Mbale for specialised training in mediation. Masiga said the trained mediators will support courts serving communities in Bugisu, Bukedi and Sebei. During the training, participants were taken through the practical stages of conducting a mediation session, including welcoming the parties and their lawyers, introducing themselves as court-accredited mediators and giving each party an opportunity to introduce themselves.

Masiga commended the Government of Uganda and development partners, including IDLO, for supporting ADR programmes in Eastern Uganda. He stressed that ADR is not intended to abolish litigation but rather to provide alternatives where disputes can be resolved through dialogue and agreement. He noted that ADR has gained international attention as a means of improving access to justice, with modern ADR movements developing significantly in the United States from the 1960s.

Key points

  • The ADR training program is rigorous and requires intensive learning, examinations, simulations, and active participation.
  • ADR offers several advantages, including quicker resolution of disputes, reduced costs, and the restoration of relationships.
  • The trained mediators will support courts serving communities in Bugisu, Bukedi, and Sebei.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.