Chief Justice Zeija urges mindset shift to unlock ADR benefits

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Low referral rates, inconsistent uptake, resource limitations and resistance to non-adversarial justice approaches continue to undermine the effectiveness of Alternative Dispute Resolution (ADR) within the Judiciary, Chief Justice Dr Flavian Zeija has said.

Speaking at the Judiciary’s first-ever annual ADR review meeting held at the Supreme Court conference hall on January 30, 2026, Zeija warned that these challenges are constraining the optimal performance of ADR mechanisms, despite their growing importance in easing the country’s persistent case backlog.

“It takes humility to accept that sometimes, less litigation produces more justice. As Judiciary, we shall continue conducting training and sensitisation of both the justice stakeholders and the general public on the benefits of ADR until we foster meaningful mindset change,” Zeija said.

He urged judicial officers to prioritise ADR mechanisms as a means of addressing the Judiciary’s long-standing backlog, noting that while judgments formally bind parties at the conclusion of litigation, mediation outcomes carry equal value because they restore human relationships.

According to the 2025 Judiciary National Court Case Census report, 46,542 out of 167,353 unresolved cases are classified as backlogs. A case is categorised as a backlog if it has remained in the judicial system for two years or more.

Zeija further observed that the formalisation of the ADR registry as a fully fledged registry of the Judiciary in April 2024 marked a defining institutional milestone.

ADR mechanisms include mediation, negotiation, conciliation, arbitration and plea bargaining, among others.

The 2025 ADR performance report shows that between January and November 2025, 5,246 cases were resolved through mediation, accounting for about four per cent of all concluded cases across civil, land, family, commercial and other matters.

Under the criminal justice system, the report further indicates that more than 3,000 criminal cases were concluded through plea bargaining, significantly contributing to backlog reduction.

Zeija reaffirmed the Judiciary’s constitutional mandate to administer justice in a manner that is accessible, timely, affordable and responsive to the needs and aspirations of the people.

He emphasised that justice should go beyond formal adjudication to include reconciliation and peaceful dispute resolution.

Citing Article 126 of the Constitution, Zeija observed that negotiation, mediation and reconciliation are deeply rooted in the country’s cultural traditions and long predate courtroom litigation.

He cited the resolution of the long-standing dispute between the descendants of Sir Edward Muteesa II and the family of the late Dr Muhammad Kasasa through ADR mechanisms as an example of what patient and skilful mediation can achieve, urging litigants to embrace ADR.

Zeija encouraged mediators to act not only as dispute resolvers but also as ambassadors of a humane justice system.

He commended his predecessors, Justice Alfonse Owiny-Dollo and Richard Buteera, for institutionalising ADR mechanisms within the administration of justice.

Owiny-Dollo and Buteera underscored the importance of ADR in dispute resolution, noting that it is likely to overtake adversarial litigation in the near future.

As part of the Judiciary’s strategic objectives, ADR initiatives are designed to enhance efficiency in justice delivery and strengthen institutional capacity to address the justice gap, given that only about 10 per cent of Ugandans currently utilise formal courts.