How to steer Uganda towards an efficient Judiciary

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By Angella Sserwadda

The Ugandan judiciary has long been burdened with a substantial backlog of unresolved cases. However, Alternative Dispute Resolution (ADR) presents a viable and promising mechanism to alleviate this challenge.

During the recent swearing-in of new judges on March 4, 2025, at State House Entebbe, President Yoweri Kaguta Museveni emphasised the urgent need to strengthen ADR mechanisms to tackle backlog in courts. Case backlog is concerning since billions of shillings are tied up in the labyrinth of these pending court cases.

What is alternative dispute resolution?

Alternative dispute resolution is a set of practices designed to help parties resolve disagreements without resorting to formal court proceedings.

Although ADR was formally introduced in Uganda through the Arbitration Act of 1930, its roots run much deeper.

According to Principal Judge Hon. Justice Flavian Zeija at the just concluded EACJ Judicial Conference in Rwanda; ADR pre-existed before the colonial period, however, in the pre-colonial era, the court system became the dominant method of settling disputes.

Unfortunately, the mindset that litigation is the only effective way to resolve conflicts persists to this day, resulting in overcrowded courts and delays in the administration of justice.

ADR encompasses several methods that offer flexibility and efficiency, tailored to meet the needs of the parties involved.

These methods include:

Negotiation: Which is flexible, informal process where parties communicate directly to reach an agreement.

Mediation: An assisted negotiation process where a neutral third party, known as a mediator, facilitates dialogue to help parties find a mutually acceptable resolution. Conciliation: A process in which a conciliator proposes possible solutions, giving the parties a foundation to build upon and negotiate further.

Arbitration: A formal dispute resolution mechanism akin to judicial proceedings, where an impartial arbitrator is appointed to hear evidence and render a binding decision.

Private judging: In this method, parties appoint an expert, often a retired judge or attorney, to hear and resolve the issue.

Why ADR matters now more than ever

Despite the dedicated efforts of many judicial officers, Uganda’s court system remains overwhelmed. Litigation can be tedious, financially burdensome, and mentally taxing for the parties involved, often leading to tension and potential breakdowns in previously amicable personal and business relationships. Additionally, litigations subject private matters to public scrutiny and relinquishes control over the final determination to the court. The potential for unjust or inequitable results in litigation further exacerbates these challenges.

In contrast, ADR provides several advantages, such as greater speed, for example, between August 5 to 9, 2024, the Uganda Judiciary launched ADR week dubbed Settlement Week and according to the Deputy Chief Justice, Hon Justice Richard Buteera, over 200 cases were settled, an impressive detail.

Further still, ADR is cost efficiency and ensures confidentiality, and flexibility.

It also allows parties more control and a fairer opportunity to influence the outcome. Still, compared to litigation, ADR fosters cooperation over conflict thereby preserving relationships.

Challenges and cautions in using ADR

While ADR is promising, it is not without challenges. One major issue is the disparity in power dynamics, where one party may dominate the process.

It is crucial for participants to approach negotiations with clarity about their goals, without compromising too much. Another challenge is the enforcement of agreed-upon resolutions. Parties must ensure that their agreements are well- documented and legally binding. Additionally, some may exploit ADR as a stalling tactic rather than a genuine effort to settle disputes. Assertiveness and vigilance are essential when the other party seems to be dragging their feet.

Uganda and the African context

Uganda is not alone in its quest to integrate ADR into the judicial system. Several African countries, including Kenya, Rwanda, South Africa, and Nigeria, have established arbitration centres and are actively promoting ADR practices.

These nations are setting the pace, showcasing how ADR can alleviate case backlogs and offer efficient dispute resolution, for example, according to an article written by Muigua K in 2023, ‘Legitimising alternative dispute resolution in Kenya’, mediation in Kenya has been fused with the formal justice system through the Court-Annexed Mediation (CAM) programme.

A call to embrace ADR

As Uganda continues to evolve economically, politically, and socially, disputes are inevitably on the rise. The judiciary must adapt to meet this growing demand. ADR is not just a modern innovation but a time-tested approach that can greatly reduce case congestion and expedite justice. However, while ADR should be encouraged, it is important to recognise that not all cases are suitable for this approach.

Courts should remain a last resort, reserved for matters that genuinely require judicial intervention.

The writer is a lawyer and judicial officer