Chief Justice Calls for Paradigm Shift from Litigation to Resolution as ADR Gains Ground
The Chief Justice, Dr. Flavian Zeija, has called for a fundamental shift in the administration of justice from a litigation-driven model to one centered on resolution emphasizing that courts must move beyond merely deciding cases to actively resolving them.
He made the remarks while officially opening the Judicial Officers' Colloquium on Alternative Dispute Resolution (ADR) at Lake Victoria Serena Golf Resort and Spa, held under the theme: "From Litigation to Resolution: Unlocking Commercial Disputes through ADR."
Reiterating his earlier position at the GUMZO Conference, the Chief Justice observed that judicial decisions often fail to conclusively settle disputes, particularly in commercial matters where appeals can span years.
"Judges do not resolve cases; they decide them," he noted, warning that prolonged litigation continues to exert pressure on the financial system and the broader commercial environment. He revealed that as of February 2026, approximately UGX3.5 trillion remains tied up in pending cases within the Commercial Division alone-capital that is effectively locked out of productive economic use.
ADR Performance Signals Progress and Gaps
Recent mediation data points to both the growing relevance and untapped potential of ADR within the justice system. At the Commercial Court, 159 cases were mediated in March 2026, with 21.38% fully settled, demonstrating ADR’s capacity to deliver amicable outcomes. However, 31.45% of cases were unsuccessful, indicating the need for strengthened mediation frameworks and increased stakeholder uptake.
Backlog pressures remain significant, with 434 cases pending and 377 unallocated, reinforcing the urgency of institutionalizing mediation as a core case management tool.
In the Family Division, ADR continues to expand beyond commercial disputes, with279 cases carried forward and 120 new cases registered in March 2026,highlighting its growing role in broader justice delivery.
These trends affirm the Chief Justice’s position that ADR must transition from being perceived as an "alternative" to becoming a central pillar of the justice system.
Describing ADR as a policy imperative, the Chief Justice referenced the National ADR Policy approved in February 2025, which mandates all Ministries, Departments, and Agencies to actively promote ADR mechanisms.
"The Judiciary must evolve not only to adjudicate disputes but also to facilitate efficient and sustainable mechanisms that support economic growth," he emphasized.
He further pointed to the Bank of Uganda’s preventive approach to dispute resolution, through early intervention, restructuring, and supervisory engagement, as a model justice institution can adapt.
The Chairperson of the Judicial Training Institute (JTI) Governing Council, Justice Mike Chibita, noted that the colloquium provides a critical platform to examine the intersection of law, finance, and economic stability. He emphasized that unresolved commercial disputes, particularly those involving financial institutions, disrupt business continuity and livelihoods.
The Executive Director of JTI, Justice Prof. Andrew Khaukha, underscored that the colloquium reflects a deliberate Judiciary strategy to embed ADR across all court divisions. He observed that commercial justice cuts across the Commercial, Land, Civil, Family, and Industrial Courts, all of which handle disputes with significant economic implications.
The Governor of the Bank of Uganda, Dr. Michael Atingi-Ego, described ADR as a key instrument for safeguarding economic stability. While noting that Uganda's economy is projected to grow between 6.5% and 7%. He cautioned that prolonged commercial disputes continue to constrain efficiency.
He revealed that 623 unresolved banking cases are locking up approximately UGX 2trillion in disputed value, warning that such delays increase the cost of credit and undermine financial stability. He urged judicial officers to embrace ADR as a strategic mechanism for timely and efficient dispute resolution.
The two-day colloquium has brought together a cross-section of Judicial Officers including Judges, Registrars, Magistrates, and financial sector actors to deepen the application of ADR in resolving commercial disputes. The focus is on reducing case backlog, unlocking capital, and advancing a people-centred approach to justice.
Posted 9th, April 2026
