To address the backlog of cases and to facilitate a swift administration of justice, experts have emphasized the importance of implementing alternative dispute resolution or mediation both within the courts and in community settings.
They contend that an increased presence of arbitrators and mediators at the grassroots level is essential to facilitate the resolution of conflicts prior to resorting to the court system.
This was during the conclusion of a year-long training program for leaders and lawyers focused on arbitration and mediation skills at Makerere University Business School (MUBS) in Nakawa. The training, which resulted in the awarding of certificates to numerous participants, was organized by MUBS in collaboration with the Arbitration and Mediation Society of Uganda (AMSU).
The Dean of the Faculty of Entrepreneurship and Small Business Management at MUBS Prof. Isa Nsereko said the purpose of the training is to increase the availability of trained arbitrators and mediators at the local level, enabling them to effectively address minor conflicts within their communities.
“There are number of problems which can be solved through mediation starting from family land wrangles, people taking over other people’s buildings, wives and husbands wanting to kill each among othrers. So with such skills, it can help have such issues solved at community level than going to court,” Nsereko said.
He pointed out that the training is available not just to lawyers, but also to anyone seeking to resolve conflicts within society.
Frances Ddungu, the Chief Executive Officer of AMSU and a legal advocate in both the High Court of Uganda and the High Court of England and Wales, highlighted the critical role of alternative dispute resolution in managing conflicts.
She pointed out its significance in Uganda, especially given the considerable backlog of cases. Ddungu mentioned that for anyone wishing to file a case in the High Court of Uganda at this time, the current year’s schedule is already full, resulting in hearing dates being pushed to 2025/26.
This delay is particularly burdensome for those involved in commercial disputes exceeding sh50 million.
She noted that it is the reason AMSU entered into a partnership with MUBs to develop the program, to ensure they train as many medications and arbitration practitioners as possible.
“We have held trainings for over three years, and a trainee from Masulita has shared that in one year he has resolved about 90 cases. Those are 180 who have sorted their disputes without coming to Kampala or going to court,” Ddungu said.
She stressed that this would not have been practical if the cases had been taken to court.
“People don’t have to travel from Masulita if we have trained leader and other people to mediate these conflicts,” he added.
Moris Atyeronimungu, a law student, expressed that the arbitration and mediation course will enable him to assist his community in Zombo district, where many individuals lack the resources to afford legal representation.
Posiano Segane, from Masulita parish in Wakiso district and a community paralegal officer, stated that the training he received has transformed his approach towards addressing various issues.
“We have tried to see that 90 files are cleared after we got the training and people can now shake hands without going to court and are able to work together,” he noted.
He urged the government to back the program and train all Local Councils, emphasizing that offenders originate from their own communities.
He said the communities also need to be sensitized, to always seek mediation before going to court.
Bishop Dr. Peter Keffa, the head of Promise Keeper Church Kalagi in Mukono district, also working in the judiciary as a court accredited mediator, said many people are suffering because they don’t have money to court to get justice.
“I believe that this program will help many Ugandans,” he said.
He urged religious leaders to participate in the initiative, as conflicts are unavoidable among their followers in churches, homes, and communities.
