A critical analysis on the use of Alternative Dispute Resolution (ADR) in backlog management in Uganda
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Date
2019-07
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Publisher
Kampala International University; School of Law
Abstract
This study was carried out using the A doctrinal methodology of research, the study is based on secondary information such as writings ()[high qualified state publicists as clearly envisaged in textbooks, novels, law journals, articles, websites and different literature including class notice. The researcher also relied on judicial decisions made by different judges of different states, Acts of parliament relating to ADR and international Conventions where Uganda is party. Over the past several decades, there has been growing interest amongst advocates world-wide, in the use of alternative dispute resolution (ADR) techniques to resolve their clients' disputes more economically and efficiently. In the face of bottlenecks and backlogs in the court systems, as well as spiraling costs and fees, courts and members the legal fraternity have been part of the movement seeking means other than litigation for resolving disputes. The development more flexible means of resolving disputes in the form of ADR techniques has therefore gained increasing popularity, and the Ugandan legal system is no exception. Certainly, the advantages to be gained by the implementation of ADR in the Ugandan legal system provide enormous potential and as such, ADR has not gone unnoticed in Uganda. In the past years, tremendous reforms have been made in the Ugandan legal system, and a study on ADR is therefore most timely in this context. This paper seeks to introduce to the reader, the concept of ADR and its implications in the Ugandan context especially in dealing with the rampant problem of case backlog in the judiciary in Uganda. The study seeks to critically analyze the use of ADR in the resolution disputes in Uganda and whether the notion of ADR has been of great importance to Ugandans especially by speeding and quickening the resolution of disputes as compared to the adversarial system. It also seeks to establish how the stake holders in Uganda have appreciated the notion of ADR especially the parliament and the Judiciary to the extent of making laws to favor ADR and making Mediation compulsory in all civil litigation. The study covers the legal frame work of ADR in Uganda and the different mechanisms of ADR used to resolve disputes in Uganda and those used by other countries as best practice that Uganda should adopt in order to reduce case backlog in the judiciary.
Description
A research report submitted to the School of Law in partial fulfillment of the requirement for the Award of Bachelor of Laws
Keywords
Critical analysis, Use of Alternative Dispute Resolution, Backlog management, Uganda