Experts call for alternative dispute resolution to quicken justice dispensation

Feb 02, 2023

According to Balunywa, arbitration offers a less expensive and faster process of justice, therefore, calling upon the public to embrace the same.

Seated (2nd L-R) Dr Diana Nandagire, MUBS Principal Prof. Wasswa Balunywa, AMSU CEO Frances Ddungu Smith and Simon Smith with ADR trainees. (Credit: Douglas Mubiru)

Douglas Mubiru
Production Journalist @New Vision

COURTS | JUSTICE | ARBITRATION

KAMPALA - In order to reduce the prolonged dispensation of justice and case backlog in courts of law, experts have called for Alternative Dispute Resolution (ADR).

“We need alternative methods to resolve the challenges that we get and not being litigious, definitely mediation and arbitration are very important,” Prof. Wasswa Balunywa, the Principal of Makerere University Business School (MUBS), remarked.

According to Balunywa, arbitration offers a less expensive and faster process of justice, therefore, calling upon the public to embrace the same.

Prof. Balunywa said arbitration offers a less expensive and faster process of justice, look. (All Photos by Douglas Mubiru)

Prof. Balunywa said arbitration offers a less expensive and faster process of justice, look. (All Photos by Douglas Mubiru)

He made the remarks Tuesday (January 31, 2023) at MUBS in Kampala as several students received certificates after completing a seven-day course in Advanced International Arbitration Training.

The trainees were trained by the Arbitration and Mediation Society of Uganda (AMSU), a non-profit making organization that was established in Uganda in 2020 and in the diaspora with the main purpose of promoting ADR.

Frances encouraged those in courts of law to come forward for alternative settlement, saying they (arbitrators) will follow the law, engage and ensure compliance.

Frances encouraged those in courts of law to come forward for alternative settlement, saying they (arbitrators) will follow the law, engage and ensure compliance.

Frances Ddungu Smith, the chief executive director AMSU, said the mediation training aims to give candidates a good understanding of international law and procedures that underpin international arbitration so that they can practice as arbitration practitioners on international commercial disputes across borders.

“Through arbitration, parties can achieve impartial rulings on their cases in a faster, more cost-efficient way and there will be a consideration, concession that you won’t lose dearly,” said Frances.

Frances encouraged those in courts of law to come forward for alternative settlement, saying they will follow the law, engage and ensure compliance.

The MUBS director Entrepreneurship, Innovation and Incubation Centre, Dr Diana Nandagire (C) awards a trainee a certificate as Frances (R) looks on.

The MUBS director Entrepreneurship, Innovation and Incubation Centre, Dr Diana Nandagire (C) awards a trainee a certificate as Frances (R) looks on.

“Our major aim as AMSU is to build Ugandans with modern ADR trainings that matches the international standard and technology and we are here to provide mentoring services to young people,” Frances said.

According to Frances, their major aim is to train and get certified arbitration practitioners to help courts solve conflicts, calling upon leaders and Ugandans all over the country to embrace the training.

The MUBS director Entrepreneurship, Innovation and Incubation Centre, Dr Diana Nandagire, said they were happy for collaborating with AMSU, and therefore, called up Ugandans to embrace ADR training.

Simon Smith, an advisor to AMSU board members speaks to trainees before they were awarded their certificates.

Simon Smith, an advisor to AMSU board members speaks to trainees before they were awarded their certificates.

“We as MUBS are very happy for this partnership with AMSU, however, during our business transactions, conflicts may arise, but without wasting time in courts, one may need an arbitrator to save time, and this is what this training has brought.

This is a faster process for resolving conflicts, and we all gain, so this training is paramount, therefore, I call upon all Ugandans to come out and embrace this training,” stressed Nandagire.

Case backlog in Uganda

The annual Judiciary report released last year indicated a total case backlog of 50,592 cases (30.11 percent) against 168,007 pending ones.

This reflected a 2.23 percent (1,156 cases) reduction from the FY2020/2021 status of 51,748 backlog cases against 161,054 pending ones.

 

High Court circuits had 19,824 cases of backlog (59.6 percent) out of the 33,222 pending ones while Supreme Court had 335 (49.2 percent) cases out of 686.

The Court of Appeal/Constitutional Court and the Chief Magistrates Courts posted the lowest case backlog at 4,887 (11.3 percent) and 11,231 (15.7 percent), respectively. 

Grade One Magistrate Courts also had a reduction in case backlog with 2,560 (11.3 percent) cases out of the 22,569 pending ones.

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