A week-long training in Alternative Dispute Resolution (ADR) organised by the Judiciary has provided participants with practical skills that, according to mediator Steven Masiga, can be more rigorous than some honorary academic awards that are conferred without formal academic coursework.
Masiga, who was among participants trained and certified by the Judiciary as a mediator, said the programme involved intensive learning, examinations, simulations and active participation before participants could qualify for certification.
He contrasted the training with honorary doctorates, which are generally awarded in recognition of achievements or contributions rather than through conventional academic requirements.
“Honorary doctorates are given for certain achievements which are not academic,” Masiga said, explaining that such awards normally do not require academic coursework, examinations or submission of a thesis.
He said his ADR training brought together judicial mediators, magistrates and lawyers, who were taken through detailed modules on mediation and alternative justice systems.
The training featured experts including representatives of the International Development Law Organization (IDLO), Dr Henry Onoria and former Uganda Law Council President Francis Gimara.
According to Masiga, participants were subjected to rigorous examinations, practical simulations and continuous assessment throughout the week before receiving certificates.
He said the training equipped participants with the ability to use mediation to transform disputes into dialogue and promote peaceful resolution of conflicts.
Masiga pointed to recent cultural disputes in Eastern Uganda as examples of how mediation can contribute to conflict resolution.
He said a cultural dispute in Bugisu was recently addressed through court-led mediation, while a dispute involving the Bugwere cultural institution had also made significant progress through mediation.
“I saw people from the Bugisu cultural institution shaking hands in court,” Masiga said, describing the development as an indication of how mediation can help restore relationships affected by disputes.
He said the training had equipped mediators with practical approaches to dealing with conflicts rather than avoiding them.
How ADR Works
Alternative Dispute Resolution refers to mechanisms for resolving disputes without relying primarily on adversarial court litigation.
Under mediation, disputing parties are guided by a trained and accredited mediator who facilitates discussions and helps the parties explore ways of resolving their differences.
Masiga said ADR operates within Uganda’s legal framework, including constitutional and statutory provisions supporting mediation and other alternative mechanisms for resolving disputes.
He cited Article 126(2)(d) and (e) of the Constitution and the Conciliation and Arbitration Act, among other laws, as part of the legal framework supporting alternative dispute resolution.
He said mediation clauses and provisions for alternative dispute resolution are increasingly incorporated into Uganda’s laws.
Masiga said ADR offers several advantages, including quicker resolution of disputes, reduced costs and the restoration of relationships.
He also highlighted confidentiality as another important advantage, noting that mediation sessions are generally conducted privately unlike ordinary court proceedings.
He further said mediation services provided under the Judiciary’s current ADR framework are offered without parties paying mediation fees, with the costs supported through government and development partners.
Masiga commended the Government of Uganda and development partners, including IDLO, for supporting ADR programmes in Eastern Uganda.
Masiga stressed that ADR is not intended to abolish litigation but rather to provide alternatives where disputes can be resolved through dialogue and agreement.
He said the Judiciary has continued encouraging judicial officers, lawyers and accredited mediators to use mediation where appropriate, particularly as part of efforts to reduce the backlog of cases.
He noted that ADR has gained international attention as a means of improving access to justice, with modern ADR movements developing significantly in the United States from the 1960s.
The Judiciary recently brought together participants from Eastern Uganda in Mbale for specialised training in mediation.
Masiga said the trained mediators will support courts serving communities in Bugisu, Bukedi and Sebei.
During the training, participants were taken through the practical stages of conducting a mediation session, including welcoming the parties and their lawyers, introducing themselves as court-accredited mediators and giving each party an opportunity to introduce themselves.
Mediators were also trained to listen carefully to each party, summarise the issues in dispute and maintain integrity, professionalism and neutrality throughout the process.
They were cautioned against being judgmental or appearing to favour one party.
The training also emphasised that mediation is voluntary and that a mediator should obtain the consent of the parties before commencing the process.
Masiga said mediators were further guided that they should not impose solutions on disputing parties and should maintain confidentiality throughout the process.
He added that a mediator should not later be compelled to testify in litigation concerning matters disclosed during mediation.
Once mediation concludes, he said, the mediator’s role in the matter comes to an end.
Masiga said mediation should not only be measured by whether parties reach a complete settlement.
He explained that partially mediated settlements and even the restoration of communication between disputing parties can represent meaningful progress.
“Even restoration of communication lines must be celebrated as partial success by the parties,” he said.
He warned that unresolved conflicts in communities and workplaces can create tension and organisational problems, adding that trained mediators can play an important role in promoting peace within their communities.
Masiga commended the Judiciary and its development partners for investing in the training of mediators.
He particularly acknowledged Deputy Chief Justice Emeritus Anthony Butera, Judicial Training Institute Chairman Justice Mike Chibita, Executive Director of the Judicial Training Institute Professor Andrew Khaukha and Solicitor General Emeritus Francis Atwooki.
He also recognised the contribution of IDLO representatives, Dr Henry Onoria and Francis Gimara, as well as members of the Judiciary and registry staff who supported the training in Eastern Uganda.
Masiga further commended the Judiciary’s leadership, including Chief Justice Dr Flavian Zeija, Professor Andrew Khaukha and the ADR Registry led by Justina, for strengthening mediation programmes.
He said the continued investment in ADR training would help communities resolve disputes peacefully while contributing to efforts to reduce the burden of cases before Uganda’s courts.
For Masiga, the greatest value of ADR training lies not simply in the certificate awarded but in the practical skills gained to transform conflict into dialogue and promote peace, justice and the preservation of relationships.
The writer is a court accredited mediator and Legal scholar
