1. ALTERNATIVE DISPUTE RESOLUTION IS THE QUICKEST WAY TO SETTLE DISPUTES
BY SSETIMBA PETER ESQ
Alternative Dispute Resolution (ADR) may mean informal processes and techniques used by disagreeing
parties in a dispute to come to an agreement and conclude that dispute without resorting to the formal
courts of justice for a legal decision. This ADR is fair, quick, impartial and relatively inexpensive method
of dispute resolution. Its success can be attributed to civic-minded individuals who are willing to devote
their energies to the impartial resolution of controversies.
In Uganda, the practice of ADR has been in existence for a long time among the local communities. Its
existence can be traced in the Kingdoms and chiefdoms communities of Uganda before the colonial era.
Generally the entire concerned community in a dispute would play a pivotal role amongst disputing
parties in order to make them agree to resolve a matter before resorting to a king or chief as a decision
maker.
With the introduction of an alien court system based on common law by the colonialists, with time, the
traditional ADR system was practically phased out. Disputing parties now started resorting to court for
adjudication. The court system would apply the principles of Equity on one hand and the Legal principles
on the other hand. It should be noted that courts in Uganda have been leaning to the application of legal
principles based on the written Law other than the equitable principles which are not written but based on
common Law. It is from this analysis that in the modern trend of adjudicating matters in courts, equitable
principles have been introduced in the form of ADR.
Indeed it has become mandatory that before a presiding judge or magistrate can hear a dispute, the parties
ought to have first opted for ADR in the form of mediation thus the introduction of court annexed
mediation. This ADR may be on a private arrangement or court can refer the matter to accredited firms
and persons like Center for Arbitration and Dispute Resolution (CADER).
World Voices Uganda (WVU) has also embraced that practice of ADR. The magistrate’s court of Hoima
sitting at Kagadi has referred various matters to the organization and parties have reached a consensus on
a win-win situation with the organization’s guidance other than the adversary way of settling disputes.
Other than court referring matters to the organization, parties who approach the organization with a
dispute have been persuaded to invite the other in wrong for advice and indeed when the parties respond
positively, the organization has helped them reach an amicable settlement.
Therefore, other than spend much time, money and energies to resort to court for litigation over a
dispute, it would be better to resort to a knowledgeable person for advise on how to settle a particular
dispute; after all, the same court will refer you to that person who you tried to avoid in the first place.
Abraham Lincoln once said “Discourage litigation. Persuade your neighbors to compromise
whenever you can. Point out to them how the nominal winner is often the real loser in fees, and
expenses, and waste of time. As a peace maker the lawyer has a superior opportunity of being a
good man. There will still be business enough”.