JUDICIARY Latest Features

Chief Justice, Principal Judge Champion ADR and AJS As Judiciary Faces Rising Caseload and Staffing Gaps

The Judiciary has intensified its nationwide push for Alternative Dispute Resolution (ADR) and Alternative Justice Systems (AJS) as a strategic response to Uganda's growing caseload, persistent case backlog, and severe shortages in judicial staffing.

Earlier today, the Chief Justice, Justice Dr. Flavian Zeija, officially opened an ADR training programme for advocates from the Central Region at the Supreme Court of Uganda. The training, organized by the Judicial Training Institute, aims to support implementation of the National Alternative Dispute Resolution Policy,2025, the Judiciary Alternative Justice Systems Strategy, 2023, and the Judicature (Court Annexed Mediation) Rules, 2026.

In his remarks, the Chief Justice described advocates as "gatekeepers of justice" and urged them to embrace ADR as a critical tool for improving access to justice and supporting economic growth.

"When you embrace ADR, you do not weaken litigation; you strengthen justice. You give citizens choice, certainty, and timely justice," Justice Dr Zeija said.

He observed that Uganda's expanding economy and growing credit systems have triggered an increase in financial and commercial disputes, warning that prolonged litigation continues to negatively affect businesses, borrowers, and the wider economy.

"In banking and credit, delayed justice is not just a legal failure; it is an economic drain. When billions in credit facilities are frozen in court, the cost of borrowing for the average Ugandan rises," he noted.

The Chief Justice urged advocates to transition from being "gatekeepers of litigation into engineers of economic recovery," emphasizing that ADR should increasingly become the preferred first step in resolving commercial and financial disputes.

Justice Zeija highlighted the significance of the newly enacted Judicature (Court Annexed Mediation) Rules, 2026, which he signed earlier this year. He explained that the rules introduce major reforms intended to improve the efficiency, credibility, and accessibility of mediation.

Among the reforms is a mandatory requirement that mediation be concluded within 60days of referral, except in exceptional circumstances. Court-annexed mediation will also now be conducted exclusively by accredited mediators operating under a strict code of conduct.

The Chief Justice further noted that settlement agreements reached through mediation will now carry the same enforceability as court judgments, eliminating the need for separate enforcement proceedings. He also said that mediators under the court-annexed mediation programme will be remunerated by the Judiciary to ensure that litigants are not denied justice due to cost barriers.

Justice Zeija additionally pointed to Uganda's anticipated domestication of the Singapore Convention on Mediation as a future game changer that will formally strengthen private mediation practice in Uganda.

Drawing comparisons with jurisdictions such as the United Kingdom, he cautioned advocates against resisting the evolving justice landscape. "A client who recovers their capital in 60 days through mediation is a repeat client. A client whose business collapses during a three-year trial is a lost client," he said.

The Chief Justice also strongly defended the integration of Alternative Justice Systems into Uganda's justice framework, arguing that many disputes, especially land and community conflicts in rural areas, are deeply cultural and are often resolved more effectively through respected cultural and religious institutions.

He cited ongoing reconciliation initiatives involving cultural and religious leaders in Acholi, Lango, and Karamoja sub-regions, where community leaders are helping resolve longstanding disputes that would otherwise remain before courts for years.

"We must break from the colonial model of justice. A mutual resolution brokered by respected community leaders often carries more social legitimacy than a court order," he stated.

Justice Zeija explained that AJS promotes restorative justice, reconciliation, preservation of relationships, and social harmony in line with Article 126 of the Constitution, which encourages reconciliation among disputing parties.

He also announced that the Judiciary will conduct a Mediation Settlement Fortnight from May 18 to May 28, 2026, aimed at accelerating settlement of commercial disputes and unlocking billions of shillings tied up in litigation. He urged advocates to prepare clients for meaningful participation during the exercise, particularly in banking and commercial matters.

According to the Judiciary Annual Performance Report FY 2024/2025 launched in September2025 by former Chief Justice Alfonse Chigamoy Owiny-Dollo, the courts handled a total caseload of 450,124 cases during the financial year, comprising 170,494brought forward cases and 279,630 newly filed matters.

Out of these, 259,331 cases were resolved, leaving a pending caseload of 190,793cases, including 46,181 backlog cases. The report further revealed that the Judiciary is currently operating with only 32 percent of its approved staffing structure filled, a situation that continues to exert immense pressure on judicial officers across all court levels.

It is against this backdrop that ADR and AJS are increasingly being embraced as practical interventions to complement formal adjudication and ease pressure on courts.

The report indicates that mediation successfully resolved 6,803 cases out of 10,401mediated matters during the reporting period, while the Small Claims Procedure disposed of 24,976 cases and recovered over UGX 19.5 billion. Plea bargaining also facilitated completion of 3,760 criminal cases with a 75.2 percent clearance rate.

These mechanisms continue to reduce case backlog, decongest prisons, lower litigation costs, preserve relationships, and allow courts to focus on more complex disputes requiring formal adjudication.

While closing the training, the Principal Judge, Lady Justice Jane Frances Abodo, described ADR and AJS as a transformative movement steadily reshaping Uganda's justice system. "This is a movement, and the earlier you join it, the better for you," she told participants.

She emphasized that ordinary citizens increasingly relate more easily to mediation and community-based justice systems than to formal adversarial court processes.

"The people in rural areas do not recognize this formal system. They come to court and lawyers speak to themselves, then people leave asking what just happened. But mediation and AJS are systems people understand and trust," she observed.

Lady Justice Abodo commended retired judicial leaders and ADR experts, including Justice Richard Buteera, Mr Francis Atoke, and Dr. Henry Onoria for supporting the Judiciary's reform agenda.

She further stressed that the legal profession is evolving and urged advocates to embrace mediation, reconciliation, and problem-solving approaches rather than focusing solely on adversarial litigation.

"Justice is not about winning cases. Justice is about resolving disputes so that parties move on with their lives," she said.

The Principal Judge also reiterated the importance of mandatory explanation of mediation processes by judicial officers before referring matters for mediation, acknowledging concerns raised by advocates regarding insufficient sensitization at registry and court levels. "The Judiciary cannot make mediation succeed without the Bar," she emphasized.

Earlier, Justice Mike Chibita, Chairperson of the Governing Council of the Judicial Training Institute, said the Judiciary intends to ensure that the new mediation rules are practically implemented across the country and not merely remain theoretical instruments.

He revealed that the Governing Council had directed JTI management to prioritize "training for results" with measurable impact on case disposal and mediation outcomes.

The Executive Director of the Judicial Training Institute, Justice Prof. Andrew Khaukha, congratulated the Chief Justice upon signing the new mediation rules and highlighted the Judiciary's ongoing nationwide ADR and AJS rollout campaigns.

He revealed that within only three days, the Judiciary had already trained more than 450 participants through sessions conducted in Gulu, Lira, and Kampala.

A team from the Judicial Training Institute also guided participants through the SCARF Model of Mediation, a neuroscience-based framework developed by Dr. David Rock to understand and manage the social needs that drive human behavior during mediation processes.

The framework focuses on five elements influencing human interaction and conflict resolution: Status, Certainty, Autonomy, Relatedness, and Fairness.

The training concluded with participants receiving certificates of completion. They are expected to receive accreditation for Continuing Legal Education (CLE)points from the Law Council.

Posted 6th, May 2026