Court-accredited mediator and legal scholar Steven Masiga has emphasized the practical value of intensive Alternative Dispute Resolution (ADR) training, suggesting that it can provide specialized skills that honorary academic awards do not necessarily confer. Masiga made this observation after completing a week-long Judiciary-led training in ADR and mediation that brought together judicial mediators, magistrates, lawyers, and other participants from Eastern Uganda. The training equipped participants with practical competencies that can be applied directly to disputes affecting families, communities, and organizations.
The ADR training, which took place in Mbale, focused on practical mediation skills and brought together participants who are expected to support the Judiciary's efforts to resolve disputes through mediation in the Bugisu, Bukedi, and Sebei regions. Participants were trained in the different stages of mediation, beginning with how to properly open a mediation session, listen carefully to each party, and facilitate dialogue without appearing judgmental or taking sides. The training also emphasized the importance of integrity, neutrality, professionalism, and confidentiality throughout the mediation process.
Masiga explained that honorary doctorates, commonly conferred in recognition of achievements or contributions, differ from professional skills acquired through structured training and assessment. He noted that the ADR training subjected participants to intensive lectures, practical simulations, examinations, and active participation before they qualified for certification as mediators. Each participant had to undergo rigorous tests and actively participate in the lectures before qualifying for the certificate.
ADR seeks alternatives to litigation, providing a non-adversarial approach to resolving disputes in which parties are assisted by a trained and accredited mediator to find mutually acceptable solutions. Masiga stressed that ADR does not seek to abolish litigation but provides alternative mechanisms through which disputes can be addressed without necessarily going through a full court trial. Mediation can be particularly useful where preserving relationships is important, and it allows parties to discuss their differences in a more confidential environment.
Masiga cited recent cultural disputes in Eastern Uganda as examples of situations where mediation can help restore relationships. A cultural dispute in Bugisu was recently addressed through court-assisted mediation, resulting in the parties moving towards reconciliation. He also pointed to an ongoing dispute involving the Bugwere cultural institution, saying mediation had contributed significantly towards resolving the differences.
The training also emphasized that mediation is voluntary and that parties must consent to the process before it begins. A mediator cannot impose himself or herself on disputing parties or force them to participate in mediation. The mediator is expected to remain neutral and avoid conduct that could create an impression that he or she is favoring one party. Participants were further guided on the importance of clarifying the positions and understanding of each party before a mediation agreement is reached.
Masiga noted that Uganda's Constitution and legal framework provide for ADR as a means of resolving disputes. He argued that mediation should not only be measured by whether every issue is immediately resolved, because rebuilding communication and creating an environment in which parties can continue negotiating can itself represent meaningful progress. The experience demonstrated the distinction between academic qualifications and honorary awards on one hand, and professional skills acquired through structured training and assessment on the other.
Key points
- Intensive ADR training provides practical skills that can be applied directly to disputes.
- ADR offers a non-adversarial approach to resolving disputes, preserving relationships and promoting peace.
- Mediation is voluntary, and parties must consent to the process before it begins.
