Rwanda has emerged as a leader in Sub-Saharan Africa, excelling in Alternative Dispute Resolution (ADR), according to the World Bank's Business Ready (B-Ready) report which evaluates the business and investment climate of 50 economies worldwide.
Released last month, the report which is a successor to the former Doing Business survey, focuses on regulatory quality, the effectiveness of public services such as electricity and tax administration, and operational efficiencies that foster a business-friendly environment.
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Leading in Alternative Dispute Resolution
Rwanda's achievements in ADR -- processes that allow disputing parties to resolve conflicts without litigation -- were particularly noted. With well-established mechanisms such as Abunzi or community mediators, court-annexed mediation, and plea bargaining, Rwanda tailored its justice system to support a fast and amicable resolution of disputes.
In an exclusive interview with The New Times, judicial spokesperson Harrison Mutabazi explained the significance of ADR in creating a stable business environment.
"This is a positive development for the justice sector, demonstrating that Rwanda has a well-structured ADR framework for businesses to resolve disputes swiftly and fairly," Mutabazi said.
He emphasized that ADR's popularity is growing globally due to the need to clear judicial backlogs. With ADR, disputes can be addressed faster, granting disputing parties greater control over outcomes.
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Recent statistics from the courts underscore the growing influence of ADR methods in the country. In the fiscal year 2023/2024, more than 12,000 cases were resolved through ADR mechanisms, resulting in estimated savings of Rwf7.5 billion.
ADR's role in attracting investment
Investors often scrutinize a country's justice system, as unresolved disputes can stall business operations and erode confidence. Mutabazi pointed out that through methods like mediation, ADR attracts investors by ensuring that disputes do not become prolonged legal battles.
"Investors prefer countries where they can trust the justice system to be transparent, efficient, and fair. Rwanda's ADR systems provide that assurance, making the country more attractive to global investors," he said.
Judicial efforts to enhance ADR accessibility
Rwanda's judiciary implemented ADR since 2012, with court annexed mediation and small claims procedures resolving many civil and commercial cases. Mutabazi highlighted the extensive training provided to judicial officers overseeing approximately 90 percent of mediated cases. The country's Integrated Electronic Case Management System (IECMS) includes notifications prompting litigants to consider ADR before proceeding with formal litigation.
A recently opened ADR center in Nyamirambo marks a milestone for the judiciary, emphasizing the commitment to ADR and providing a central hub for resolving disputes. Rwanda's Ministry of Justice supported Abunzi mediation councils, which resolve conflicts at the community level. These collective efforts underline Rwanda's commitment to ADR as a viable and culturally relevant form of justice.
Preserving and promoting ADR's cultural roots
ADR has deep roots in Rwandan society, echoing the principles of Gacaca, a traditional community-based justice system.
According to Mutabazi, the ADR process revives this heritage, aligning with Rwanda's justice traditions and contributing to a fair and balanced justice system.
"We are bringing back our cultural heritage to ensure justice is accessible and community-driven," he explained.
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Areas for improvement
Mutabazi acknowledged that while Rwanda's ADR system is successful, there is room for improvement.
One goal is to shift public perception so that ADR is seen as the primary method of dispute resolution, with litigation as a secondary option.
Rwanda is also working on consolidating various forms of ADR -- including family, community, and religious mediation -- into a unified reporting and regulation framework. This effort aims to ensure cohesion and equality in the justice system.
Training also remains a critical area of focus.
"ADR is an art that must be mastered and executed professionally," Mutabazi noted, underscoring the importance of continuous development for judicial officers and mediators.
