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Judiciary launches Alternative Dispute Resolution week to resolve pending cases

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Simon Kabayo
Simon Kabayohttps://eagle.co.ug
Reporter whose work is detailed

In a bid to reduce the growing backlog of cases in the judicial system, the Judiciary has announced an Alternative Dispute Resolution (ADR) Week dubbed Settlement Week, set to take place from August 5th to August 9th, 2024.

This initiative aims to resolve pending cases through Mediation and Negotiation, promoting a more efficient and people-centred justice system.

The participating courts include the Court of Appeal/Constitutional Court, Land, Commercial, Civil, and Family Divisions, Mukono High Court Circuit, as well as Mengo and Makindye Chief Magistrates Courts.

Addressing the media at the Judiciary Headquarters in Kampala, Court of Appeal Justice Geoffrey Kiryabwire, accompanied by Registrar High Court, HW Rosemary Bareebe, highlighted the importance of the ADR Week in resolving pending cases and reducing the backlog in the Judiciary system.

Justice Kiryabwire emphasized that the ADR Week provides a platform for parties to resolve disputes through Mediation and Negotiation, thereby reducing the need for lengthy and costly litigation.

He added, “The ADR Week is a new initiative aimed at making the justice system more people-centred and efficient,” said Justice Kiryabwire.

“We want to resolve disputes quickly and efficiently, reducing the time and resources spent on litigation.”

Justice Kiryabwire also noted that the Judiciary has been addressing concerns over low disposal rates and delays in case handling, in order to serve justice more efficiently and effectively. He observed that participation in the ADR Week is voluntary and encouraged parties to express interest, adding that some cases though have been selected by the courts for Mediation.

He said that the Judiciary has trained 75 court-accredited mediators to assist in the settlement process.

Justice Kiryabwire highlighted that even if Mediation fails, there are resources available to help parties negotiate and settle disputes. He emphasized that this approach is not new but rather a scaled-up version of traditional practices in Africa, now being implemented at a national level.

He also drew attention to other ADR mechanisms, such as Plea Bargaining, which have proven effective in reducing the time individuals spend on remand and improving the efficiency of the criminal justice system. He added that the aim is now to extend these benefits to civil cases, where conflicts often arise from everyday interactions.

Justice Kiryabwire pointed out that Mediation offers a win-win situation, unlike litigation, which usually results in a winner and a loser. He added that it also allows parties to negotiate solutions to their disputes, leading to higher satisfaction rates compared to court judgments.

HW Bareebe, representing the Chief Registrar, outlined the roadmap for the upcoming ADR Week. She noted that Registrars in the participating courts are currently identifying cases for the ADR Week and allocating them to Judicial Officers and accredited mediators for handling.

She noted that as part of the preparations, the ADR Committee will, before the commencement of the ADR Week, assess the readiness of the participating courts.

Adding that there will also be a meeting led by the Deputy Chief Justice (DCJ) with Justices, Judges, Registrars, and Court-accredited mediators to ensure the process is synchronized and harmonized.

Additionally, the DCJ will meet with the President of the Uganda Law Society and his executive to involve them in the process.

HW Bareebe also informed the public that after the ADR Week, the ADR Committee will evaluate the process and its effectiveness.

She urged advocates and the media to spread the word and encouraged willing litigants to participate emphasizing that this is a voluntary process and that participation is open to all, including those outside the participating courts.

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