Browsing by Author "Darlen, Komugisha"

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    The efficacy of mediation as an alternative dispute resolution Mechanism: a critique
    (Kampala international international: School Of Law, 2019-06) Darlen, Komugisha
    Civil litigation is the primary method of dispute resolution in the Ugandan civil justice system. Process is characterized by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for Ugandans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes tl1e attainment of access to justice. While progress has been made in enhancing tile civil justice system over the years, tl1e aforementioned shortcomings prevail. In recent years tl1e Ugandan government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation ounce an appearance to defend is entered at in order to attempt tile settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing tile Ugandan civil justice system. This paper therefore discusses the efficacy of Mediation as a dispute resolution mechanism in the civil justice system of Uganda