Commercial court resolves sh37.2b banking disputes through mediation
Justice Mugenyi revealed that 318 banking disputes of the 487 banking cases that had been cause-listed for mediation during the two weeks’ mediation drive have been successfully concluded through the initiative, unlocking sh37.2b.
Commercial Court head judge Anna Mugenyi made the revelation during the court’s quarterly meeting on Tuesday, July 21st.
KAMPALA - The Commercial Division of the High Court in Kampala has resolved banking disputes worth sh37.2b through mediation as part of the court’s broader efforts to tackle case backlog and unlock billions of shillings tied up in litigation before the court.
Commercial Court head judge Anna Mugenyi made the revelation during the court’s quarterly meeting on Tuesday, July 21st.
Justice Mugenyi revealed that 318 banking disputes of the 487 banking cases that had been cause-listed for mediation during the two weeks’ mediation drive have been successfully concluded through the initiative, unlocking sh37.2b.
Mugenyi commended the mediators for their outstanding performance during the concluded banking mediation fortnight, which has resulted in disposal of disputes worth sh37.2b in a space of two weeks.
She observed that their efforts had resulted in significant financial recoveries during the 2025/2026 financial year, noting that successful and partial settlements had unlocked billions of shillings into the economy while providing parties with timely and cost-effective resolution of commercial disputes.
Justice Mugenyi revealed that the court would strengthen administrative oversight of mediation by requiring mediators to create and log every mediation sitting in the Electronic Court Case Management Information System (ECCMIS).
She also encouraged mediators to seek administrative and logistical support from the chambers of the judges to whom they are attached to facilitate the effective handling of mediation matters.
The meeting also reviewed implementation of the mandatory 60-day mediation timeline introduced by the new mediation rules.
While mediators agreed to continue observing the prescribed period, they noted that certain complex commercial disputes particularly banking matters often require additional time to facilitate reconciliation of accounts, negotiations among multiple stakeholders and approval processes by corporate boards.
The mediators further raised concerns regarding technical challenges affecting ECCMIS.
They reported that many of them do not receive messages or email notifications when new mediation files have been assigned to them, resulting in delays before cases are brought to their attention.
This, they said, makes compliance with the statutory mediation timelines more difficult.
Justice Mugenyi announced that the court’s next mediation fortnight will focus on trade related cases and will start on August 17 and run until August 29. Approximately 500 trade-related cases are expected to be cause-listed during the exercise.
Justice Mugenyi urged mediators to begin preparations early and ensure timely service of hearing notices to minimise unnecessary adjournments and maximise settlement opportunities.
Mediation settlement fortnights are structured two-week campaigns where courts pause regular trials to focus entirely on court-annexed mediation.
This has drastically relaxed case backlogs by resolving pending disputes outside the formal courtroom.
Instead of waiting years for a formal hearing, litigants actively reach mutual agreements. Settlements reached during these sessions are adopted as court orders as per the new mediation rules.
High clearance rates such as the 55% success rate previously seen in the family and commercial courts free up judicial resources for cases that genuinely require a trial.
Case backlog has been a factor to reckon with within the judiciary. It has been blamed on several factors, including underfunding, human resource constraints and endemic delays hindering access to justice.
However, if there is any dispute resolution strategy that provides litigants with better ways to resolve their disputes to avoid stress, that strategy is mediation, and the other is plea bargaining for the criminal justice system.
For years, those who manage conflicts have questioned the efficiency of the adversarial system. Truth be told, adversarial advocacy is not really an inquiry into the truth.
While judicial officers will seek out the truth as best they can, the advocates’ mission is most times to use their skills to test the evidence and to control the way the evidence emerges.
When all is said and done, litigants want their disputes resolved fairly and speedily. But what do they get in the end? Protracted and expensive litigation which a lot of them rarely understand or appreciate.
For example, when the commercial court opened its doors in 1996, there was a lot of excitement not only from the judiciary but also from the business community and development partners expecting speedy justice.
However, the court suddenly faced new challenges and among them is a heavy case backlog. Currently, over 8,000 cases are pending before the court.
High Court judge Andrew Khaukha, also the executive director of the judicial training institute, argues that 99% of the civil cases pending before courts can be settled through mediation if parties are willing to engage in the process.
“I therefore encourage the parties to embrace mediation so that they can get faster access to justice,” Khaukha said.