Alternative Dispute Resolution (ADR)

ADR provides **out-of-court settlement** options for resolving disputes without going through full trials.

What is ADR?

Alternative Dispute Resolution refers to processes for resolving conflicts **outside traditional courtroom litigation**.

Benefits of ADR:

– **Faster resolution** than court trials
– **Lower costs** than litigation
– **Preserves relationships** between parties
– **Flexible procedures**
– **Confidential** proceedings
– **Parties control outcome**

Types of ADR in Uganda

**1. Mediation**
– Neutral third party (mediator) facilitates discussion
– Helps parties reach their own agreement
– Voluntary and non-binding until agreement signed
– Most common form of ADR

**2. Arbitration**
– Neutral arbitrator hears both sides
– Makes binding decision (award)
– Used in commercial disputes
– Agreement to arbitrate must exist

**3. Conciliation**
– Similar to mediation
– Conciliator may suggest solutions
– Parties maintain control

**4. Negotiation**
– Direct discussion between parties
– No third party involved
– Simplest form of ADR
– Often first step

When ADR is Used

**Appropriate Cases**:
– Commercial disputes
– Land boundary issues
– Family disputes (divorce, custody)
– Employment disputes
– Contract disagreements
– Neighbor disputes

**Not Appropriate**:
– Criminal cases
– Constitutional matters
– Cases requiring precedent
– Urgent injunctions needed

The Mediation Process

**Step 1: Agreement to Mediate**
– Both parties agree to mediate
– Mediator selected
– Venue and time arranged

**Step 2: Opening Statement**
– Mediator explains process
– Ground rules established
– Confidentiality emphasized

**Step 3: Opening Remarks**
– Each party presents their view
– uninterrupted time for each
– Issues identified

**Step 4: Joint Discussion**
– Parties discuss issues directly
– Mediator facilitates communication
– Common interests explored

**Step 5: Private Sessions (Caucus)**
– Mediator meets each party privately
– Explores settlement options
– Identifies areas of flexibility

**Step 6. Negotiation**
– Parties negotiate terms
– Mediator helps bridge gaps
– Solutions explored

**Step 7: Agreement**
– If reached, written agreement
– Both parties sign
– Becomes binding contract

ADR Institutions in Uganda

**1. Judiciary Mediation Services**:
– Available at all Magistrate courts
– Free court-annexed mediation
– Court-referred cases

**2. Uganda Law Society ADR Centre**:
– Professional mediators
– Commercial dispute focus
– Fee-based service

**3. Justice Centres Uganda**:
– Community mediation
– Accessible to poor
– Multiple locations

**4. LC Courts (Local Council)**:
– Grassroots mediation
– Immediate access
– Minor disputes

Preparing for Mediation

**Before Mediation**:
1. Identify your interests (what you really need)
2. Know your alternatives (BATNA – Best Alternative)
3. Gather relevant documents
4. Consider settlement options
5. Decide your negotiation range

**During Mediation**:
1. Listen actively to other party
2. Speak clearly and respectfully
3. Focus on interests, not positions
4. Be open to creative solutions
5. Keep confidentiality

Sample Mediation Agreement

Costs

| Service | Approximate Cost |
|———|—————–|
| Court Mediation | Free |
| ULS ADR Centre | UGX 200,000 – 1,000,000 |
| Private Mediator | UGX 500,000 – 3,000,000 |
| LC Court | Small fee (UGX 10,000 – 50,000) |

Contact

**Judiciary Mediation**: Contact any Magistrate Court
**ULS ADR Centre**: +256 414 342 444
**Justice Centres**: +256 414 257 951

Remember

ADR offers **faster, cheaper** resolution than court. Consider it first\!