JUDICIARY Latest Features

DCJ holds Meeting to Enhance Mediation Efforts in the Judiciary
(L-R): Lady Justice Ketrah Kitariisibwa Katunguka (Deputy Head, Family Division), HW Sarah Langa Siu(Chief Registrar), The Deputy Chief Justice, Richard Buteera

Earlier, the Deputy Chief Justice, Richard Buteera held a meeting with Heads of Divisions and Registrars at the Court of Appeal. The meeting focused on strategies to enhance Mediation within the Judiciary, aiming at increasing case disposal through Alternative Dispute Resolution (ADR).

The objectives included; consulting with the participants on how best they can re-organize Mediation in their Divisions/Circuits to increase case disposal through Mediation, updating the participants on the current developments the Judiciary leadership is pursuing in re-engineering Alternative Dispute Resolution (ADR),get status reports of the current performance of Mediation in the Divisions/Circuits and assess the level of preparedness in receiving the recently court accredited mediators.

The DCJ highlighted recent efforts to enhance Alternative Dispute Resolution (ADR) within the Judiciary, including the accreditation of Court Mediators by the Chief Justice and the establishment of a Registry for Alternative Dispute Resolution. Financial resources have been allocated to the Registry, and existing Mediation Rules have been in effect for more than 10 years, yielding some success in Mediation. Noting that the Judiciary aims at promoting Mediation and achieve more amicable case resolutions.

Justice Buteera emphasized the need to revitalize Mediation within the Judiciary, starting with Pilot Courts. He stressed the importance of providing a conducive environment for Mediators and discussed the challenges posed by the optional nature of Mediation under current Civil Procedure Rules.

He proposed increased involvement of registries in coordinating Mediation processes and timely reporting of Mediation activities.

Encouraged by insights from a recent conference on Alternative Justice Systems in Kenya, the DCJ emphasized the need to explore avenues for improving Mediation within Ugandan courts. He noted that discussions revealed a significant number of commercial disputes in Kenya are resolved through alternative multi-door systems rather than litigation.

During the meeting, Chief Registrar HW Sarah Langa Siu emphasized the need for organized processes to generate a workload for mediators. She highlighted the importance of creating cause lists and planning the workload to ensure effective distribution of matters, allowing mediators to prepare accordingly.

HW Langa also proposed that it would be advantageous for all mediators to commence on the same day, with a press briefing preceding the commencement.

Participants discussed preparations within their Divisions/Circuits for receiving mediators and the process of selecting matters for Mediation, alongside highlighting various challenges they face. Topics included establishing basic rules of engagement for mediators, conducting meetings between Divisions/Circuits and mediators to ensure a smooth process, addressing issues related to office space and mediation rooms, and the proposal for an ADR settlement week.

Challenges raised by participants centred on the lack of space for both mediators and mediation rooms. It was clarified that mediation rooms/offices are shared facilities for all mediators attached to the courts. Registrars were encouraged to stay informed about room availability in certain Courts and Divisions.

Additionally, participants emphasized the importance of engaging cultural and religious leaders in mediation efforts.

In attendance were; Justice Geoffrey Kiryabwire (Justice, Court of Appeal), Lady Justice Alexandra Nkonge Rugadya (Head, Land Division), Justice David Matovu (Head, Mukono High Court Circuit), Lady Justice Ketrah Kitariisibwa Katunguka (Deputy Head, Family Division), Lady Justice Magala Harriet Grace (Judge, Commercial Division), HW Natukunda Janeva (Deputy Registrar, Land Division), HW Ntalo Nasulu Hussein(Deputy Registrar, Mukono), HW Chemeri Jessica (Acting Deputy Registrar, Commercial Court), and HW Nakadama Esther Lydia Mubiru (Assistant Registrar, Civil Division), among others.

Also present were Prof. Andrew Khaukha (Judiciary Technical Advisor) and Ms. Ruth Sebatindira(Judicial Service Commission).

Posted 10th, June 2024
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