Alternative Dispute Resolution (ADR) is becoming a crucial tool in Uganda for transforming conflicts into dialogue and promoting peace, justice, and reconciliation. Through ADR training and mediation, court-accredited mediators gain skills to help disputing parties resolve differences without adversarial litigation. In Bugisu, a recent cultural dispute was resolved through mediation conducted under the court system. This demonstrates the growing importance of mediation in resolving disputes while preserving relationships and restoring communication between parties.
ADR refers to processes of resolving disputes through non-adversarial means, guided by a court-trained and accredited mediator. ADR operates within the provisions of the law, including Article 126(2)(d) and (e) of the Constitution. Uganda has laws supporting alternative dispute resolution, such as the Conciliation and Arbitration Act, Cap. 6. Various Ugandan statutes contain provisions relating to mediation and other forms of dispute resolution. This shows the growing recognition of ADR as an important component of Uganda's justice system.
ADR offers several advantages, including being quicker and cost-effective in helping communities address conflicts and disputes. Mediation allows parties to maintain confidentiality, as sessions are generally conducted privately. Under the Judiciary's current protocols on ADR, mediation is provided without a fee being charged to the parties. The Government of Uganda and development partners, such as the International Development Law Organization (IDLO), have supported ADR capacity-building initiatives.
For mediation to succeed, integrity and professionalism are critical. A mediator must remain neutral and avoid favouring one party over another. During a recent training in Mbale, participants were encouraged to maintain the highest standards of integrity and professionalism throughout the mediation process. Mediators were cautioned against being judgmental and advised to create an environment where every party feels heard, respected, and treated equally.
The proper opening of a mediation session is another critical step in determining the success of the process. The mediator begins by welcoming parties to the session and introducing themselves as a court-accredited mediator. Each party is given equivalent time to introduce themselves before the issues in dispute are discussed. A properly conducted opening helps parties understand the nature of the process, the role of the mediator, and the expectations placed upon everyone participating.
Consent is a fundamental principle of mediation, as it is a voluntary process. A mediator should not impose themselves upon parties who have not consented to participate in the process. Mediators were trained to seek the consent of parties before commencing mediation. This ensures that all parties are willing to participate and engage in the mediation process.
The Judiciary, under the leadership of the Chief Justice and other judicial officers, continues to encourage lawyers, judicial officers, and court-accredited mediators to embrace ADR as a mechanism for resolving disputes. Legislation is progressively incorporating provisions that facilitate mediation and other forms of alternative dispute resolution. By John Kusolo, on 20 Sep 2026, 12:31.
Key points
- Integrity and professionalism are critical for successful mediation.
- Proper opening and consent are essential steps in the mediation process.
- ADR offers several advantages, including being quicker, cost-effective, and confidential.
