Application of mediation as an alternative dispute resolution method: a case study of the commercial division of the High Court of Uganda.

Abstract

This study examined the application of mediation as an alternative dispute resolution method in Uganda particularly in the High Court Commercial Division. The study specifically sought to; i) examine the application of mediation as an alternative dispute resolution method; ii) establish the effectiveness of mediation as an alternative dispute resolution method in Uganda; and iii) establish the challenges being faced in applying mediation as an alternative dispute resolution at the Commercial Court Division. The study employed a blend of case study design and cross sectional survey design to achieve best results. 32 respondents participated in the study, majority of whom (15 respondents) were drawn from judges and registrars of the commercial court, followed by 6 advocates who appear mostly before the commercial court, 7 accredited mediators and 4 litigants. Study findings indicate that though mediation has been made mandatory at the commercial court, there is still need for sensitization of people on the mediation rules and availability of ADR as a mode of disposing of Court cases. Similarly, a number of judges, registrars, magistrates and advocates trained in mediation in an effort to have experts in mediation. Part of the effectiveness of mediation has been to reduce case backlog, help conflicting parties find a solution acceptable to both and hence maintain a relationship after the case. Mediation has also been successful in terms of cost and time effectiveness, increased transparency and public trust in the judicial system especially at the commercial court. The study established that mediation still faces a number of challenges like advocates who prefer the adversarial system and advise their clients to go for ordinary litigation or stall the mediation process until the stipulated time for mediation is over. There is still a need for more sensitization of Ugandans regarding mediation. The study concludes that the application of mediation process at the commercial court though in its infancy is moving in the right direction. The study recommends review of the current legal framework to bring it at the same level with emerging trends in society, increase funding for mediation and sensitization of the community on the availability of ADR at the Commercial Court Division.