JUDICIARY Latest Features

The Commercial Division of the High Court has rallied key stakeholders to embrace mediation as it prepares to handle 520 trade, construction and corporations disputes valued at more than Shs325 billion during an upcoming Mediation Settlement Fortnight.

This was shared during the Commercial Court ADR Users’ Roundtable on Trade, Construction and Corporations Disputes held earlier today at the Supreme Court Conference Hall in Kampala.

Organised by the Judicial Training Institute (JTI), in collaboration with the Alternative Dispute Resolution (ADR) Registry, the half-day engagement brought together judicial officers, advocates, mediators, government representatives, business leaders, engineers and other users of the Commercial Court to identify and address barriers to successful mediation.

The roundtable was held ahead of the Trade, Construction and Corporations Mediation Settlement Fortnight, scheduled for August 17–28, 2026. Mediation may continue for up to 60 days in matters where there remains a reasonable prospect of settlement.

The engagement was chaired by the Principal Judge, Lady Justice Jane Frances Abodo, and later assisted by Justice Ocaya Thomas Ojele Rubanga of the Commercial Division. It was moderated by the Registrar, Public Relations, Judiciary, HW James Ereemye Jumire Mawanda.

Among those present were the Principal Judge Emeritus, Justice Yorokamu Bamwine; Lady Justice Linda Lillian Tumusiime Mugisha; Judges of the Commercial Division; judicial officers from JTI and the ADR Registry and Dr Eng. Christopher Ebal.

Officially opening the roundtable, the Deputy Chief Justice, Justice Moses Kazibwe Kawumi, said Alternative Dispute Resolution is central to building a justice system that is accessible, timely, effective and responsive to Uganda’s social and economic needs.

He commended JTI, the Commercial Division, ADR Registry and other partners for convening the engagement. He noted that the Judiciary must not only resolve disputes but also anticipate emerging challenges, collaborate with stakeholders and innovate in the delivery of justice.

Justice Kazibwe observed that commercial justice plays a significant role in economic development because unresolved disputes tie up capital, increase project costs, damage business relationships and undermine investor confidence.

While litigation remains essential for matters requiring definitive judicial decisions, legal precedent and protection of rights, he said modern justice systems increasingly provide multiple pathways for resolving disputes, including mediation, arbitration, negotiation and conciliation.

He stressed that ADR is not intended to replace the conventional court system, but to ensure that disputes are resolved through mechanisms most appropriate to their circumstances.

“Justice is not achieved when a judgment is entered. Justice is also achieved when parties reach a fair, timely and sustainable resolution that allows them to continue contributing to society and the economy,” Justice Kazibwe said.

The Deputy Chief Justice urged advocates to advise clients not only about their legal rights but also commercially sensible dispute-resolution options. He similarly called upon mediators to maintain high standards of professionalism, integrity and competence.

Businesses and contracting parties were encouraged to embrace dispute prevention, early engagement and good-faith negotiations, while government institutions were urged to strengthen contract management and dispute-resolution mechanisms.

Justice Kazibwe said the forthcoming Settlement Fortnight provides an opportunity for the Judiciary, advocates, mediators, businesses and government institutions to identify barriers to settlement and develop practical solutions that promote efficient and fair dispute resolution.

The Chairperson of the JTI Governing Council and Justice of the Supreme Court, Justice Mike Chibita, described the roundtable as an important preparatory step towards the institutionalisation of clustered settlement fortnights.

He said the initiative builds on the recently concluded Banking, Loans and Credit Mediation Settlement Fortnight, which demonstrated the value of bringing parties, advocates and relevant institutional stakeholders together around a common settlement objective.

“The more we prepare before the settlement fortnight, the greater the likelihood that the fortnight will produce meaningful results,” Justice Chibita said.

He challenged stakeholders to identify practical barriers that prevent trade, construction and corporate disputes from settling, including inadequate case preparation, limited engagement of parties, absence of settlement authority, lack of technical and financial information, and challenges in implementing mediated agreements.

Justice Chibita reiterated JTI’s commitment to strengthening judicial capacity, deepening stakeholder engagement and supporting a justice system responsive to the needs of society and the economy.

The Executive Director of JTI, Justice Prof. Andrew Khaukha, underscored the importance of trade to Uganda’s economy. He noted that Uganda Revenue Authority performance figures indicate that trade accounted for approximately 35 per cent of revenue collected during the 2024/25 financial year.

He said this demonstrates the critical contribution of the trading community to economic activity and the importance of resolving disputes involving traders efficiently.

Justice Prof. Khaukha re-echoed the commitment of JTI and the ADR Registry to supporting the Judiciary’s ADR initiatives, including building the capacity of mediators and developing specialised mediation expertise in areas such as construction disputes.

The Minister of Justice and Constitutional Affairs, Hon. Norbert Mao, commended the Judiciary for its leadership in promoting ADR and reaffirmed Government’s commitment to institutionalising alternative approaches to dispute resolution.

Minister Mao observed that mediation provides parties with an opportunity to take greater ownership of resolving their conflicts instead of solely waiting for judicial determination.

He said the Ministry of Justice and Constitutional Affairs was working to strengthen ADR through policy development, training, accreditation and certification of mediators, noting that the Government’s ADR Policy was adopted in 2025.

He called for greater collaboration between the Judiciary and the Executive, particularly in disputes involving government contracts, infrastructure projects, land acquisition, compensation, trade and regulatory matters.

The Minister of Trade, Industry and Cooperatives, Hon. Sanjay Tanna, similarly welcomed the Judiciary’s efforts to strengthen ADR, highlighting the economic costs associated with prolonged commercial disputes.

He said businesses depend on the quick turnover of capital and warned that lengthy disputes can disrupt cash flows, increase interest costs, affect customers and ultimately cause otherwise viable businesses to collapse.

Minister Tanna pledged his Ministry’s cooperation in strengthening the commercial justice system.

The Minister of State for Works and Transport, Hon. Siraje Ali, who represented the Minister of Works and Transport, highlighted the particular importance of ADR in construction disputes, given the scale of public investment in roads, bridges and other infrastructure projects.

He observed that delays in resolving construction disputes can result in stalled projects, escalating costs, delayed access to markets and services, and lost economic opportunities.

He, however, stressed that settlements involving Government must remain lawful, transparent, evidence-based and consistent with the protection of public resources.

He called for early identification and resolution of construction disputes, coupled with better contract preparation, clear allocation of risks, realistic timelines, effective supervision, timely decision-making and improved communication among contracting parties.

Presenting the State of Trade, Construction and Corporations Disputes, the Head of the Commercial Division, Lady Justice Ann B. Mugenyi, said the Division currently has 7,480 commercial cases pending before Judges, of which 1,424 fall within the trade, construction and corporations cluster.

Trade disputes constitute nearly 88 per cent of the cluster, while construction and corporations account for 89 and 85 cases, respectively.

Of the 1,424 cases, 686 are backlog matters with an estimated value of approximately Shs400 billion.

For the forthcoming Settlement Fortnight, the Division plans to cause-list 520 mediation cases with a combined monetary value exceeding Shs325 billion.

Lady Justice Mugenyi said the initiative seeks to unlock substantial capital tied up in commercial disputes, reduce case backlog and demonstrate the Commercial Division’s commitment to swift and efficient commercial justice.

The initiative follows the Banking, Loans and Credit Mediation Settlement Fortnight, during which 527 cases were cause-listed and 417 completed, representing a completion rate of 79.73 per cent. Of the completed matters, 97 were successfully settled, involving subject matter valued at more than Shs90 billion.

She said the settlements enabled parties to avoid prolonged litigation, reduce legal costs, preserve commercial relationships and realise business outcomes more quickly.

By August 4, a total of 26 mediators had been allocated to the forthcoming Settlement Fortnight, compared to 22 during the Banking, Loans and Credit Mediation Settlement Fortnight.

Lady Justice Mugenyi said the Commercial Division has introduced several measures to strengthen ADR, including mandatory clustering of mediation cases, continuous judicial sensitisation of litigants, e-mediation through virtual platforms, and support from the ADR and Small Claims registries.

She urged parties to attend mediation sessions with authorised representatives who possess full settlement mandates and to ensure that advocates and clients are adequately prepared with up-to-date information.

“Mediation is not merely an alternative; it is the cornerstone of commercial justice at this Division,” Lady Justice Mugenyi said.

The roundtable featured a panel discussion under the theme, “Common Blackspots in Mediating Construction, Trade and Corporations’ Disputes: Unlocking the Blackspots.”

The panel comprised Commercial Court Mediator Hon. Veronica Isala Eragu Bichetero; KACITA Chairperson Mr Isa Sekitto; Assistant Commissioner, Litigation at the Uganda Revenue Authority, Ms Diana Prida Praff; President of the Uganda National Association of Builders, Suppliers and Engineering Contractors (UNABCES), Ms Kiara Binta Nkuranga; Mr Ernest Kalibbala of Mpanga & Co. Advocates; Mr Max Mutabingwa of Mutabingwa & Co. Advocates; and Hon. Eng. Sebuga Kimeza, Member of Parliament for Nakasegola.

Discussions focused on practical challenges affecting settlement, the need for early intervention and adequate preparation by parties and advocates, access to technical expertise, settlement authority, and stronger collaboration among the Judiciary, Government, business community and professional bodies.

In closing remarks delivered on her behalf by Lady Justice Mugenyi, the Principal Judge, Lady Justice Jane Frances Abodo, said the forthcoming Settlement Fortnight should not be viewed merely as an exercise in reducing case numbers, but as a strategic intervention aimed at unlocking capital, protecting businesses, preserving commercial relationships and promoting economic activity.

She urged advocates, litigants, mediators, government institutions and other stakeholders to approach mediation with preparedness, openness and a willingness to compromise where appropriate.

The Principal Judge particularly encouraged parties to ensure that their representatives attend mediation with the necessary information and authority to negotiate and conclude settlements.

She reaffirmed the Commercial Division’s commitment to strengthening mediation as an integral part of commercial justice, saying the success of the initiative would ultimately be measured not only by the number of cases settled, but also by the extent to which settlements enable businesses to continue operating, projects to resume, relationships to be preserved and resources to return to productive use.

In his closing remarks, Justice Prof. Khaukha announced steps towards expanding and specialising the pool of mediators available to the Commercial Division.

He conveyed a directive from the Deputy Chief Justice to the KACITA Chairperson to mobilise interested persons to become mediators to meet the growing demand for ADR services. The prospective mediators will be trained by JTI, in coordination with the ADR Registry.

Justice Prof. Khaukha also conveyed a call from the Head of the Commercial Division for engineers and other technical professionals to support the Court in mediating construction disputes.

He called upon engineers, including Dr Eng. Ebal and Hon. Eng. Kimeza, to indicate their readiness to participate, noting that JTI would organise specialised training to equip technical professionals with mediation skills.

The initiative is expected to build specialised capacity within the Commercial Division to resolve technically complex construction disputes where engineering and construction expertise can significantly contribute to effective settlements.

Justice Prof. Khaukha further encouraged early intervention in construction disputes, echoing a call made during the roundtable that parties should resolve disagreements “before the concrete dries.”

He said early settlement can prevent projects from stalling, contain escalating costs and minimise wider economic consequences.

He also called upon Hon. Mao to support the mobilisation of Members of Parliament to participate in and support dispute-resolution initiatives, particularly as part of efforts to strengthen ADR within the public sector.

The Trade, Construction and Corporations Mediation Settlement Fortnight will run from August 17–28, 2026, with 520 cases valued at more than Shs325 billion targeted for mediation.