ANALYSIS ON THE USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN BACKLOG MANAGEMENT IN UGANDA

ABSTRACT

This study was carried out using the qualitative methodology of research, the study is based

on secondary information such as writings of high qualified state publicists as clearly

envisaged in textbooks, novels, law journals, articles, websites and different literature

including class notice. The researcher also relied on judicial decisions made by different

judges of different states, Acts of parliament relating to ADR and international Conventions

where Uganda is party.

Over the past several decades, there has been growing interest amongst advocates worldwide,

in the use of alternative dispute resolution (ADR) techniques to resolve their clients'

disputes more economically and efficiently. In the face of bottlenecks and backlogs in

the court systems, as well as spiraling costs and fees, courts and members of the legal

fraternity have been part of the movement seeking means other than litigation for resolving

disputes. The development of more flexible means of resolving disputes in the form of

ADR techniques has therefore gair.~d increasing popularity, and the Ugandan legal

system is no exception. Certainly, the advantages to be gained by the implementation of

ADR in the Ugandan legal system provide enormous potential and as such, ADR has. not

gone unnoticed in Uganda. In the past years, tremendous reforms have been made in the

Ugandan legal system, and a study on ADR is therefore most timely in this context. This

paper seeks to introduce to the reader, the concept of ADR and its implications in the

Ugandan context especially in dealing with the rampant problem of case backlog in the

judiciary in Uganda. ·

The study seeks to critically analyze the use of ADR in the resolution of disputes in Uganda

and whether the notion of ADR has been of great importance to Ugandans especially by

speeding and quickening the resolution of disputes as compared to the adversmial system. It

also seeks to establish how the stake holders in Uganda have appreciated the notion of ADR

especially the parliament and the Judiciary to the extent of making laws to favor ADR and

making Mediation compulsory in all civil litigations. The study covers the legal frame work

of ADR in Uganda AND the different mechanisms of ADR used to resolve disputes in

Uganda and those used by other countries as best practice that Uganda should adopt in

order to reduce case backlog in the judiciary.

The study establishes the challenges faced by resolving disputes through alternative means

rather than litigation. It is important to note that Uganda has faced a number of challenges in

attempting to use ADR since it was first established in 2000 as part of the legal system in

the commercial court and now to all civil suits commenced in the country, resolutions to all

these challenges are well explained in this paper and possible researcher bothered to explain

the possible solutions to the challenges. The study also provides some recommendations

that if adopted may help improve the ADR system in Uganda.

The study introduces to the reader how the notion of ADR has been embraced by other

countries in Africa and the world at large to resolve disputes minus necessarily going

through litigation. It's vital to note that Organizations like United Nations(UN) have

encouraged ADR by coming up with internationally recognized standard of dealing with

Arbitral Awards which has since been adopted by many member states including Uganda.

This has promoted the use of arbitration in international disputes since an Arbitral award

can be enforced from one country to another as it's not affected by jurisdiction as the case is

in court litigation.