Let’s be honest; in Uganda, taking a business partner to court is often a form of professional suicide! You
might win the case in 2029, but by then, the inflation will have eaten your award, and your legal fees will
have cleared your reserves, and the bridge you burned will stay charred. Alternative Dispute Resolution
is established by Article 126(2) of the 1995 Constitution of the Republic of Uganda, which emphasises
The promotion of reconciliation between disputing parties.
Following the ADR Performance Report 2025, Dr. Flavian Zeija emphasised that each mediated case
represented not only a resolved dispute but also social healing as family and business relationships were
restored resulting into a peaceful co-existence. An elaborate case study is the successful mediation of
the long-standing estate dispute involving the late Mohammed Buwule and the Kingdom of Buganda
which resulted into the unlocking of property valued at 1.3 trillion Uganda Shillings. It definitely goes
without say that businesses thrive in peaceful atmospheres owing to the fact that risks such as inflation
and reputational damage are ousted. However, as the saying goes, “Better the devil you know, than the
devil you do not,” similarly, ADR has faced a few challenges such low referral rates hence several people
stick to the traditional courts and resource limitations resulting in budgetary constraints, which can be
resolved through various initiatives including expansion of regional access, stakeholder engagement and
harmonisation of legal frameworks.
There is a reason “Smart Money” in Kampala is quietly moving away from the witness stand and toward
the mediation table. It is not about being nice but rather about getting back to work.
Alternative Dispute Resolution (ADR) was defined as the methods for settling conflicts outside of
traditional, formal court litigation by Hon. Lady Justice Jane Frances Abodo during her most recent visit
to the Law Development Centre. The Uganda Annual Police Crime Report 2024 highlighted that 81,750
cases had been taken to court of which 43,579 cases were still pending by the time the report was
launched. However, in the business world, sustaining a case in court for a lengthy period of time only
reduces on the capital as enormous sums of money are injected into clearing the legal fees.
Furthermore, the Judiciary National Court Census 2025 reported a total of 167,353 pending cases as per
the night before it was launched. All these cases are meant to be heard by the appointed judges, with
the High Court having a quorum of one judge. This simply translates to the fact that these judges are
strained, resulting into burnout, which inevitably leads to case backlog. The Court of Appeal which also
sits as the Constitutional Court, registered a ratio of 1:647 pending cases and 1:358 backlog cases. It
means that a single judge has approximately 647 pending cases and 358 cases in backlog. Attempting to
adjudicate such a staggering load is a rather herculean task.
This brings us to the salient point. Alternative Dispute Resolution (ADR) proves indispensable as it
reduces court congestion, minimizes delays and costs while preserving commercial relationships
through methods such as; Arbitration, Mediation, Conciliation and Negotiation. This strategy is backed
by several legal frameworks, the latest being the National Alternative Dispute Resolution Policy of 2025.
These alternative methods have been confirmed to facilitate the Judiciary’s Constitutional mandate
which is, “To administer justice in a manner that is accessible, timely, affordable and yet responsive to
the people’s means and aspirations.”
Following the ADR Performance Report 2025, Dr. Flavian Zeija emphasised that each mediated case
represented not only a resolved dispute but also social healing as family and business relationships were
restored resulting into a peaceful co-existence. It definitely goes without say that businesses thrive in
peaceful atmospheres owing to the fact that risks such as inflation and reputational damage are ousted.
However, as the saying goes, “Better the devil you know, than the devil you do not,” similarly, ADR has
faced a few challenges such low referral rates hence several people stick to the traditional courts and
resource limitations resulting in budgetary constraints, which can be resolved through various initiatives
including expansion of regional access, stakeholder engagement and harmonisation of legal frameworks.
The ultimate irony of the Ugandan legal system is that the moment you file a lawsuit; you lose control of
your company’s destiny. You hand your keys to a legal officer and pray for a green light that may not
come for a decade. ADR is the act of taking those keys back. It is the realisation that a ‘messy’ settlement
today is worth ten ‘perfect’ judgments five years from now. In the world of business, the strongest move
is not showing your teeth in a courtroom but rather having the clarity to settle the score, shake hands,
and get back to the only thing that actually matters: growth.
Compiled by,
Kobusingye Chantal Flavia
Legal Scholar and ADR Enthusiast