Exploring the effectiveness of mediation as tool for land dispute resolution in Luweero District: a case study of Zirobwe Sub county

Abstract

The study explored the effectiveness of mediation as a tool for land dispute resolution in Luweero District, focusing on Zirobwe Sub County. The specific objectives of the study included to evaluate the factors that influence mediation outcomes, to examine the viability of agreements reached through mediation of land disputes and identify challenges encountered during mediation in land disputes, and solutions to the challenges of mediation of land disputes in Luweero district. This study was a case study research design, and employed both quantitative and qualitative approaches to bring in-depth analysis and discussion of the problem under study. Simple random, and purposive sampling techniques were employed to select participants in the study. A self- administered questionnaire was completed by 35 participants who had experienced land disputes, twelve (12) interviews were conducted with key informants that included local leaders, and court mediators. Additionally, one Focus Group Discussion was conducted with eight police officers. Quantitative data was analyzed using frequency tables and charts generated from SPSS Ver.27 and Microsoft Excel. While qualitative data was analyzed through thematic approach by categorizing data into themes which enhanced effective interpretation of results. The key findings from the study revealed several critical factors essential for the viability of mediation agreements. These include a comprehensive understanding of stakeholders' interests, active engagement of the community, transparency, and inclusivity throughout the mediation process. The involvement of local leaders, the personal integrity and experience of mediators, ongoing capacity building, and supportive frameworks are crucial. The findings revealed factors that are essential for better mediation outcomes, and these include; interpersonal skills of the mediators, procedural fairness, cultural sensitivity, and effective communication was deemed critical. Furthermore, the study found out that pervasive lack of awareness, lack of trust in the mediation process, and the enforceability of mediation outcomes present another notable challenge and barrier to mediation as an alternative approach to land dispute resolution. It was concluded that it is imperative to enhance mediation practices, strengthen enforcement mechanisms, and ensure viable commitment to agreements. The study further concluded that establishing an environment where conflicting parties feel valued and heard is crucial for facilitating constructive dialogue and cooperation. The study recommends improving the training and competency of mediators, raising community awareness about the benefits and processes of mediation, establishing clear criteria, qualifications, and procedures for selecting mediators ensures neutrality, competence, and fairness, actively engaging communities in the mediation process is essential, and creating legally binding mediation agreements is necessary to address concerns about enforceability and viability