AFRO-EQUITY DISPUTE RESOLUTION AS AN ALTERNATIVE FOR THE CURRENT ADVERSARIAL DISPUTE RESOLUTION PRONE TO BACKLOG ACCUMULATION AMONG OTHER ODDS

Chief Justice Owiny-Dollo: Alternative Dispute Resolution is the Future of Justice in Uganda

File Photo/Courtesy: Chief Justice Hon. Alfonse Chigamoy Owing-Dollo

watchdoguganda.com, May 29, 2024, 4:30PM | The Chief Justice Alfonse Owiny-Dollo has emphasized the crucial role of Alternative Dispute Resolution (ADR) in the future of Uganda’s justice system.

Due to the inefficiencies of the traditional court system, Dollo advocates for a broader adoption of ADR mechanisms to address the growing demands on judicial resources.

Speaking during the commissioning of the Court Accredited Mediators on Tuesday, CJ alluded that the traditional courtroom, once the primary stage for legal battles, now sees only a fraction of disputes. ADR, which includes mediation, arbitration, and negotiation, has become the cornerstone of conflict resolution

He emphasized the growing importance of ADR as revealed by The Hill Report of 2024. The report indicates that only 10 per cent of legal actions escalate to a formal court of law, with the vast majority—90 per cent settled through ADR mechanisms. This shift underscores the necessity for increased capacity and practice in ADR to meet the needs of the justice system efficiently.

Addressing the implications of these findings, Chief Justice Owiny-Dollo remarked, “The judiciary’s current financial and human resources are incapable of solving the problem of case backlog and increasing caseload. People who come to our courts require quick decisions.” He pointed out that economies with high GDPs, like the United States, handle more than 90 per cent of their cases through ADR, a practice that saves billions and reduces the burden on the formal justice system.

 In contrast, regions like Africa, with a GDP of 3.1 trillion USD as of 2023, still heavily rely on the costly formal justice system. Chief Justice Owiny-Dollo emphasized the critical role of ADR in providing swift and effective justice, calling for a strategic overhaul in how Court-Accredited Mediators operate and advocating for broader adoption and training in ADR techniques.

“People who come to our courts require quick decisions,” Chief Justice. He added that using ADR, the lengthy and costly process of litigation is often bypassed, saving billions and reducing the burden on the formal justice system. “This shift is crucial in a country where the average lead time for a court case is approximately four years. Long wait times contribute to disillusionment among plaintiffs and defendants alike, leading to high rates of case dismissals and withdrawals. What kind of justice is this?” Chief Justice Owiny-Dollo questioned.

In light of these findings, he called upon the responsible stakeholders to enhance the quality and accessibility of ADR. This involves training judges, retired judicial officers, practising advocates, and the public in ADR techniques.

He thanked Pepperdine University for being instrumental in this effort, offering specialized training programs. Chief Justice Owiny-Dollo emphasized, “Plea bargaining is a game changer in criminal cases, and we must embrace it wholeheartedly.”

The economic implications of lengthy court cases are profound. Commercial disputes that languish in the court system for years tie up vast sums of money, impacting GDP and overall economic health. Hence, there is a pressing need to remodel how Court-Accredited Mediators operate. Enhancing the credibility and confidence in mediation can transform the justice landscape.

Furthermore, to institutionalize ADR within the judiciary, CJ revealed that a new faculty dedicated to Alternative Dispute Resolution has been established under the leadership of the Hon. Deputy Chief Justice. “This faculty comprises recent graduates of Pepperdine University’s Masters in Dispute Resolution and Certificate of International Commercial Arbitration programs.”

Chief Justice Owiny-Dollo added “This, therefore, calls for rethinking and strategizing on how best to handle this situation, and there is no better way to do this than re-modelling how Court-Accredited Mediators operate.”

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71 Commissioned As Court Mediators

The mediators were commissioned at the Supreme Court at a function officiated by Chief Justice Alfonse Owiny-Dollo Chigamoy and his Deputy Richard Buteera.

pulsenews.ug, May 29, 2024, 12:59PM | The Former Deputy Inspector General of Government (IGG) George Bamugemereire,  is among 71 Mediators who have been commissioned and deployed in courts of law to mediate cases in a bid to promote Alternative Dispute Resolution mechanisms. 

This was revealed on Tuesday by the Chief Registrar of the Judiciary Sarah Langa Siu. The others include sitting Judges, retired judges, and senior lawyers who have been deployed in the Supreme Court, the Court of Appeal, and High Court Divisions and Circuits to mediate cases.

According to Langa, the accredited mediators were trained by Pepperdine University through its Strauss Institute.  

The mediators were commissioned at the Supreme Court at a function officiated by Chief Justice Alfonse Owiny-Dollo Chigamoy and his Deputy Richard Buteera.

Bamugemereire is deployed at the Land Division of the High Court. Francis Atoke the Solicitor Generalhas been deployed to mediate at the Family Court, Retired Principal Judge Dr Yorokamu Bamwine, Former Attorney General Fred Ruhindi, former Uganda Law Society Presidents  Francis Gimara and Ruth Sebatindira and Minister for Justice Norbert Mao have been deployed at the Commercial Court.

Others include Justice Mike Chibita, Lady Justices Percy Night Tuhaise, and Catherine Bamugemereire for the Supreme Court while Principal Judge Dr Flavian Zeija will mediate at all levels of courts.

Owiny-Dollo said the team of mediators will bring freshness and energy to the timely and peaceful resolution of cases through professional mediation of cases. 

He said besides providing a wealth of experience and knowledge gained through their various distinguished careers on the bench and in the legal field, the team of mediators was trained by the Straus Institute of Pepperdine University in the USA, which he described as the best institution for ADR in America and the whole world.

He encouraged the litigants, and members of the legal profession to make use of the mediators to promptly resolve cases in the courts. 

Owiny-Dollo who is also among the Judicial Officers to mediate cases at the Supreme Court noted that the Judiciary will continue to expand its ADR capabilities to all courts so that litigants can access the services at the least cost.

According to the Chief Justice, the African way of resolving disputes at a community level using elders is most effective in resolving difficult cases hence resulting in greater satisfaction for the parties unlike the formal system that tends to focus on winner take it all and is biased towards the state.

He said the African justice system prioritizes reconciliation, rebuilding damaged relationships, instilling conflict avoidance mechanisms, and restitution which he said not only directly addresses the needs of the victim but ensures the survival of the entire community to get on with life.

Owiny-Dollo indicated that he was gratified that Alternative Dispute Resolution is taking the stage center in revamping the administration of justice and providing a safer, cheaper, and friendly system that will complement the formal justice system in addressing case backlog and reducing the justice deficit gap to make the justice system people-centric.

He highlighted 43,061 backlog cases and 159,733 pending cases as per the  Annual Performance Report of the Judiciary 2023 thus emphasizing that when ADR is embraced, they can easily fight backlog.

The Chief Justice decried the huge chucks of money being spent on the formal justice system yet there are informal justice systems for resolving cases that are not expensive.

He noted that earlier, he met the Prime Minister of Buganda Kingdom Charles Peter Mayiga and they discussed ways how to implement ADR in various places in the country.

The   Chief Justice also asked the former Principal Judge Bamwine to offer leadership to the team of retired justices, judicial officers Retired senior government lawyers, and other non-judicial mediators.

Justice Bamwine said that they were grateful for the opportunity to serve Uganda and appreciated the Chief Justice for his commitment to the transformation agenda of the Judiciary to achieve a people Centered Approach to Justice.

Bamwine said the Judiciary has previously failed to serve the interests of the people mainly because of case backlog.

He explained that the ADR project is a timely intervention in addressing the needs of the people and it will help in transforming the ADR scope in the Judiciary.

He pledged that they would do their level best in dispensing amicable Justice using their long-earned experience to promote ADR to their abilities by making utmost decisions without malice, favor affection, or ill will.

The government  through Justice and Constitutional Affairs Minister Norbert Mao has since indicated that they are  in the advanced stages of introducing a policy to regulate alternative dispute resolution.

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