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Tuesday, 15 December 2015 12:12

JLOS Receives Vehicle for ADR Project

 

KAMPALA -- The Justice, Law and Order Sector has received a vehicle to support the Alternative Dispute Resolution (ADR) project. The vehicle was procured with funds from the Austrian Development Cooperation (ADC) which is providing support to sector ADR initiatives. The motor vehicle was officially handed over to the Chairperson of the ADR Project Advisory Board, Justice David Wangutusi at the Commercial Court on December 14 2015. Present was the JLOS Senior Technical Advisor, Ms. Rachel Odoi-Musoke, Mr. Vincent Mugabo, the Chairperson ADR Project Implementation Unit (PIU), and Ms. Simone Ungersboeck from the Austrian Development Cooperation. 

The JLOS Senior Technical Advisor appreciated the Austrian Development Cooperation for funding the ADRM Project and enabling the Sector through the availed Project funds to purchase the motor vehicle. She highlighted that the vehicle will facilitate implementation of the ADR activities that involve movement from one institution to another.  

The Ms. Ungersboeck from the Austrian Development Cooperation thanked the JLOS Secretariat for purchasing the beautiful motor vehicle for the ADR Project. She underscored that the motor vehicle will facilitate ADR Project activities such as monitoring project implementation across the country among others.

The Chairperson of the ADR Project Advisory Board, Justice Wangutusi thanked the JLOS Secretariat and Austrian Development Cooperation for the motor vehicle and promised to work to the best of their abilities and make good use of the facility. 

 

About the ADR Project

The project is aimed at rolling out existing Alternative Dispute Resolution (ADR) processes implemented in the Commercial Division of the High Court across all JLOS institutions with dispute resolution mandates, and strengthening the implementation of existing ADR mechanisms. The project will also contribute to the implementation of the Third JLOS Strategic Investment Plan (SIP III) particularly with regard to increasing the use of ADR in dispute resolution.

 

By Grace Chelimo and Edgar Kuhimbisa | December 15, 2015

Published in Latest News

 

KAMPALA -- The Justice Law and Order Sector (JLOS) today launched the rollout of Alternative Dispute Resolution (ADR) from the Commercial Court of the High Court to other courts and dispute resolution bodies within the JLOS sector. ADR is a mediation process that allows parties to a dispute find a quick solution with the assistance of a neutral third party, without going through the costly and lengthy court process.

Originally piloted in the Commercial Court, ADR is now being rolled out to the other High Court Divisions of Civil, Family, Land and Magistrate Courts. ADR services will also be available in the other JLOS dispute resolution bodies like the Industrial Court, Judicial Service Commission, Uganda Human Rights Commission, the Law Council, the Directorate of Civil Litigation, Uganda Law Society and the Office of the Administrator General.

The Project is expected to contribute to the implementation of the JLOS 3rd Strategic Investment Plan (SIPIII), particularly with regard to increasing the use of ADR in dispute resolution.

The Project will also focus on training a pool of professional mediators across the country, strengthening of court registries for mediation in the Judiciary, conducting sensitization and community outreach programmes. The plan further includes the establishment of a fully-fledged High Court Division for Mediation in the Judiciary and harmonizing structures across JLOS institutions.

Supported by the Austrian Development Agency, the ADR Project provides the JLOS Sector with an opportunity to implement the Judicature (Mediation) Rules of 2013, which makes mediation mandatory in all civil matters including land, family and main civil law.

“Through mediation, the Project provides access to justice for vulnerable and marginalised people whose cases take long to be concluded in the formal justice system,” said Justice David Wangutusi, the chairperson, ADR Project Advisory Board. “Investors and local businessmen would like to do business in a country where disputes would be easily resolved. Much of the money used by these businesses is borrowed from banks at high interest rates. Such money tied up in disputes that stretch over a long time only leads to multiplication of bank interest, and therefore cost of operation, which directly impacts on the profits which the businessman makes, at times leading to collapse of big business ventures.”

The judge says ADR principles shall apply equally to claims in family, civil and land matters. “It is therefore with mediation that the ever-growing backlog can be checked and access to justice enhanced,” added Justice Wangutusi.

 

Background
In the early 2000, mediation was piloted in the Commercial Court as an alternative to litigation, and many cases were successfully mediated. Judicial officers were left with time to try cases which are ordinarily not amenable to mediation – substantially increasing the productivity of the courts, satisfaction, and confidence of court users in the justice system.

Mediation and arbitration have been on the increase since the creation of the Centre for Arbitration and Dispute Resolution (CADER) in 2000.  Between 2003 and 2005 the Commercial Court Division implemented the mediation Pilot Project whereby cases were referred to CADER for mediation.

Mediation became a permanent feature at the Commercial Court with the passing of the Judicature (Mediation) Rules 2013. Following the success story at the Commercial Court, it was decided to rollout mediation at all the courts with the gazetting of the Mediation Rules 2013. It is therefore important that mediation should be embraced by all to win the war on backlog and increase access to justice.

 

 

Published: March 18 2015

 

Published in Latest News

The Alternative Dispute Resolution (ADR) Project is a Project of the Justice Law and Order Sector (JLOS) supported by the Austrian Development Cooperation (ADC). The ADR Project is an opportunity for the Sector to implement the Judicature (Mediation) Rules of 2013 which made mediation mandatory in all civil matters including land, family and main civil law. Through mediation, the Project provides access to justice for vulnerable and marginalised people whose cases take long to be concluded in the formal justice system.


After development of the Judicature (Mediation) Rules in 2013, implementation of ADR is expected to rollout from the Commercial Court of the High Court to other Divisions of the Court, Magistrates Courts, and to other sector dispute resolution bodies within the JLOS including the Judicial Service Commission, Uganda Human Rights Commission, Law Council, Directorate of Civil Litigation, and the Office of the Administrator General.  

 
The ADR Project activities include: training of personnel in skills required for the effective delivery of ADR services; strengthening of Registries for mediation in the Judiciary; outreach programmes on ADR including radio talk shows and televised shows; piloting of structured ADR services in Magistrates Courts in line with the Civil Procedure Rules; and establishing a Division for mediation in the Judiciary and establishing harmonised structures across JLOS institutions.


The ADR Project is intended to contribute to the implementation of the JLOS 3rd Strategic Investment Plan (SIPIII), particularly with regard to increasing the use of ADR mechanism by 50% as part of the overall strategy to enhance enforcement of laws and promote public participation in the administration of justice.

The governance structures of the ADR Project include the Project Advisory Board (PAB) which is led by the Head, Commercial Division. The PAB provides guidance and oversight to the Project. The other structure is the Project Implementation Unit (PIU) which is led by the Registrar in Charge of Mediation. The PIU is responsible for the daily implementation of the Project.

 

For more information on the ADR Project, contact: This email address is being protected from spambots. You need JavaScript enabled to view it.JLOS Secretariat) and This email address is being protected from spambots. You need JavaScript enabled to view it.  (Commercial Court)

 

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icon ADR Project Overview [pdf] (339.24 kB)

Published in Projects
Friday, 18 October 2013 10:56

Judicature Mediation Rules

 

In 2003, the Commercial court launched a two year Pilot Project to introduce compulsory court annexed mediation at the Commercial Court. This was done by the enactment of The Commercial Court Division (Mediation Pilot Project) Rules 2003, S.1. No. 71 of 2003. The effect of the Pilot Rules were to make mediation an integral part of the Commercial Court case administration system. The pilot stage was heavily funded by JLOS under the Commercial Justice Reform Programme (CJRP) and the European Union (EU). After the pilot period new Rules were promulgated to wit, The Judicature (Commercial Court Division) (Mediation) Rules 2007, S1. No. 55 of 2007. Under these rules mediation become a permanent feature of the Commercial Court processes and the court become a multi-door court house where mediation was to be attempted by the parties before a case could be fixed for hearing. The objective of introducing these Rules was to assist in the efficient and effective dispute resolution and disposal of cases at the commercial Court.

In 2010, it was evident that the Commercial Court had achieved its objectives and in the process had developed some of the best practices of court annexed mediation in the African continent and which have been the envy of many courts in the East African Region and far including Tanzania, Rwanda, Malawi, Zambia, Nigeria, Lesotho, Ghana, Kenya, South Africa etc. By 31st December 2012, the successful completion rate of all cases referred to court stood at 26%.

Riding on the back of these successes, the Judiciary decided that time was ripe enough for the rolling out of the best practice of mediation to all courts. After two years of rigorous work, the draft Rules were submitted to the Rules Committee chaired by the Hon. Chief Justice and the draft Rules have now been passed into law. These Rules will be applicable to the High Court and Courts subordinate to it.

There are about 12 salient features of the new rules. These include the following;

  1. The new rules shall apply to the High Court and Courts Subordinate – this means that all the magistrates’ courts will be able to apply these rules. The old rules were applicable only to the Commercial court Division
  2. The rules shall apply to all Civil actions filed in the High Court and lower courts except civil suits commenced under the small claims procedure
  3. The rules make mediation Mandatory in the High Court and Courts subordinate. This means that no civil action will be heard by court unless the parties have first attempted mediation
  4. The rules require judicial officers in the High Court and lower courts to refer all civil suits to mediation before hearing can commence except suits under small claims procedure.
  5. The rules do not allow for appeals against orders made in mediation
  6. The window time to conclude a mediation has been expanded to 60 days from 30 days – this eliminates the requirement of parties to apply for extension of time which had proved to be a time wasting procedure
  7. The rules now allow parties to choose their own mediator if they so wish other than a Judge, Magistrate or a Court Accredited mediator appointed by court. In the old Rules a mediator was provided by court
  8. The rules also allow children to participate in mediation in their own right in cases where the interests of the child are in issue
  9. The rules make it mandatory that costs of participating in mediation shall be borne by the parties unless agreed by the parties otherwise – this means that unless there is a prior agreement to the contrary by the parties costs shall not be allowed in mediation
  10. The new rules also provide the mediator with guidelines on how to conduct the mediation. The old Rules did not provide for guidelines to be followed by a mediator.
  11. The rules also creates a new monitoring and Evaluation Committee which shall be chaired by the Principal Judge and the members includes all heads of the High Court Divisions, Solicitor General or his representative, Chief Registrar or his representative, the president of Uganda Law society, Executive Director of CADER, Registrar responsible for mediation, a representative of Court Accredited Mediators, and four Chief Magistrates nominated by the Chief Registrar. The old rules created a monitoring committee separate from the Evaluation committee – administration is now more streamlined.
  12. The new rules also allows a mediator to penalise a party who does not attend mediation without a good cause to pay the party that attends five currency points(Shs 100,000) and this order is enforced by court. In the old rules the penalty was paid to court – it should be noted that unless the party penalised pays this fine the trial Judge will not hear the suit.

 

The Chief justice officially launched the new rules on the 14th June 2013 at Imperial Royale Hotel Kampala.

 

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icon Speech by the Chief Justice (291.31 kB)

icon Speech by the Principal Judge (518.92 kB)

icon Speech by the Chief Registrar (1017.05 kB)

icon The Judicature (Mediation) Rules 2013 - (S.I No. 10 of 2013) (28.4 kB)

Published in Projects

 

In 2003, the Commercial court launched a two year Pilot Project to introduce compulsory court annexed mediation at the Commercial Court. This was done by the enactment of The Commercial Court Division (Mediation Pilot Project) Rules 2003, S.1. No. 71 of 2003. The effect of the Pilot Rules were to make mediation an integral part of the Commercial Court case administration system. The pilot stage was heavily funded by JLOS under the Commercial Justice Reform Programme (CJRP) and the European Union (EU). After the pilot period new Rules were promulgated to wit, The Judicature (Commercial Court Division) (Mediation) Rules 2007, S1. No. 55 of 2007. Under these rules mediation become a permanent feature of the Commercial Court processes and the court become a multi-door court house where mediation was to be attempted by the parties before a case could be fixed for hearing. The objective of introducing these Rules was to assist in the efficient and effective dispute resolution and disposal of cases at the commercial Court.

Published in Archived News

 

Costs Disputes - High Court and the Appellate Courts: A Paper prepared for and presented to the Uganda Law Society

Overview

Taxation of costs under the advocates Act is often a complex matter which is a preserve of the taxing officer, who is often a deputy registrar or district registrar or registrar of the court or any other officer appointed by the Chief Justice except that in respect of taxation of costs between party and party arising out of any contentious business brought in a court subordinate to the High Court, the taxing officer shall be a chief magistrate or magistrate grade 1 with jurisdiction in the area where the suit was heard. The process of taxation is often tedious and laborious and raises tempers because all parties involved need to recover or cut down costs of litigation. Sometimes, the billed costs are grossly exaggerated or oversubscribed hence the need for regulation

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Learning the Masterly of Negotiations: Paper presented to CNOOC Delegates at the CNOOC training Seminar 

Overview

Uganda Mediation Chamber Ltd (UMC) was established in 2011. It is a non-profit making organization registered in Uganda, providing mediation, arbitration and other forms of conflict resolution services specifically in Uganda but also in the East Africa, the Great Lakes Region and elsewhere in the world. UMC strives to collaborate with Communities, Financial Institutions, Government bodies, private and public organizations in providing various activities including facilitating training in mediation and negotiation. UMC also provides private mediators to its clients and offer a wide range of activities related to mediation and arbitration. 

 
 
Recent Judicial Reforms in Uganda: Emphasis on Alternative Dispute Resolution and Mediation
 
Overview

Mediation has been an integral part of the Commercial Court Division since 2003 when it was piloted for a period of two years with support from JLOS and E.U. under the Commercial Justice Reform Programme. Under the pilot phase mediation was conducted under the; the Commercial Court Division) (Mediation Pilot Project) Rules 2003 S.1 No. 7; These Rules were repealed in 2007 and replaced with The Judicature (Commercial Court Division) (mediation) Rules, 2007 S.1 No. 55. The process of mediation itself was conducted in the court by the Centre for Arbitration and Dispute Resolution (CADER); however, this arrangement collapsed after the funding dried up; thereafter, the court assigned one Ag. Assistant Registrar to provide mediation services in the court and despite his good performance the court needed to improve on its services to cope with increased demand for mediation not only in the Commercial court but in all other courts in the land.

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Role of the Judiciary in Correctional Service

Overview

When discussing the role of the Judiciary in correctional service, we need to know generally what the judiciary is, and its mandate.The judiciary is an independent arm of the state or sometimes loosely referred to as the 3rd arm of the state, the other two arms being, the Executive and Parliament.  The constitutional mandate of the judiciary is provided under Article 126(1) of the Constitution of 1995.The basic function of the judiciary is to provide judicial services in Uganda and in view of its basic function and constitutional mandate; the judiciary has crafted its vision in such a way that it is seen to implement its mandate. 

 

 DOWNLOAD (182.35 kB) | VISIT the Mediation Document Centre 

 

Published in Projects