Justice and Constitutional Affairs Minister Norbert Mao has called on Ugandans to embrace alternative dispute resolution (ADR) mechanisms, arguing that courts are overwhelmed by disputes that could be settled outside the formal justice system.
Speaking at the launch of the Uganda National Chamber of Commerce and Industry (UNCCI) Dispute Resolution Centre in Kampala, Mao said the initiative will train mediators to resolve conflicts within communities and institutions, reducing congestion in the courts.
"These disputes are not disputes of the courts. They are disputes of the people," Mao said, noting that many cases clogging courts stem from everyday disagreements such as breach of contract, unpaid loans, rent defaults, and commercial disputes.
He added that litigants often blame judges and the judiciary for delays instead of addressing the root causes of their conflicts.
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Mao criticised attempts by some litigants to evade responsibility by shifting blame to state institutions or officials rather than honouring contractual and financial obligations.
He said strengthening mediation and other non-litigation approaches would help decongest courts, lower the cost of accessing justice, and deliver faster outcomes, particularly in civil and commercial disputes.
UNCCI has warned that weak and inaccessible dispute resolution mechanisms are constraining business growth, with only about five percent of Ugandans able to access commercial justice while trillions of shillings remain tied up in unresolved disputes.
Pheona Wall Nabasa, a senior lawyer and former president of the Uganda Law Society, said data from 2022-2023 shows that commercial disputes involving nearly Shs18 trillion remain unresolved due to limited access to affordable, timely, and structured justice mechanisms.
"Only about five percent of Ugandans can access commercial justice, yet close to Shs18 trillion is locked in disputes," Nabasa said, noting that many claimants abandon cases because court processes are expensive, slow, and intimidating.
She added that unresolved disputes have wide economic consequences, including stalled infrastructure projects and disrupted business relationships.
Nabasa called for a shift from an adversarial justice model to a structured system prioritising mediation, conciliation, and arbitration.
"Business is about relationships. Dispute resolution must aim at building and healing relationships, not destroying them," she said, citing international best practice where disputes handled under the International Chamber of Commerce are resolved in an average of 90 days, compared to years in Ugandan courts.
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UNCCI also highlighted capacity constraints, noting that Uganda has about one lawyer for every 25,000 people and limited numbers of judges and courts.
To address this, the Chamber is advocating sector-based dispute resolution mechanisms, training mediators, conciliators, and arbitrators with technical expertise in industries such as oil and gas, construction, and transport.
"We want the business community to be part of the solution," Nabasa said, arguing that faster, specialised dispute resolution would ease court congestion, unlock trapped capital, and accelerate economic activity.
