A critical analysis on the law relating to the settlement of disputes outside court
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Date
2018-09
Authors
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Publisher
Kampala International University; School of Law
Abstract
This study was carried out using the qualitative methodology of research, the study is based on secondary information such as writings of 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 md international Conventions where Uganda is party. Resolving disputes outside court has gained recognition m the Ugm1dm1 legal system especially through the establishment of the Judicature (Mediation) Rules of 2013 that made mediation part and partial of the judicial system. This act was to enhance access to relatively cheaper md quicker justice to help reduce the clogging associated with the adversarial system of adjudication and afford more amicable and re-conciliatory peace and justice among the citizens of Uganda. The paper therefore discusses the different laws that govern the resolution of disputes outside Court and how the same have been incorporated in the legal system in Uganda and whether the same have been implemented by the judges in dealing with different facts that are brought before them relating to resolving disputes outside court. This paper also evaluates the different mechanisms of ADR applicable in the Uganda legal system. It explains more on conciliation, mediation, arbitration and commission of Inquiry that are mostly applied in Uganda. The paper also analyzes the international best practices of ADR as applied by different states for example Tanzania, Kenya, Zambia and others. The researcher recommended some other best practices to be adopted by Uganda. Resolution of disputes outside court though popular and desirable is limited in application because of limited resources and few trained people in carrying out the exercise, lack of public awareness and constitutional limitations that render some cases non Judicable under the ADR regime.
Description
A research report submitted to the School of Law in partial fulfillment of the requirement for the Award of Bachelor of Laws Degree.
Keywords
Critical analysis, Settlement of disputes outside court, Law