Justice Geoffrey Kiryabwire has made an indelible mark in the field of legal literature by authoring a groundbreaking textbook on Alternative Dispute Resolution (ADR) in Uganda.
This pioneering work not only represents a milestone in the emerging field of ADR but also carries unique significance because it comes from an author deeply entrenched in the promotion of ADR within the Ugandan legal landscape. The title, Alternative Dispute Resolution: The Ugandan Court Experience, is aptly chosen to encapsulate the essence of this remarkable contribution.
In the realm of dispute resolution, Justice Kiryabwire advocates for a shift in terminology from “Alternative Dispute Resolution” to “Appropriate Dispute Resolution.”
His book commences with a comprehensive overview of ADR practice and includes an intriguing section titled “Bursting the Myths,” aimed at persuading skeptics of the merits of ADR. The subsequent chapter engages in a thought-provoking juxtaposition between ADR and the traditional justice system.
This chapter illuminates intriguing commonalities between the two approaches in resolving disputes, emphasizing their shared emphasis on consensus-building among opposing parties.
The third chapter delves deeply into the parameters of out-of-court settlements, supported by constitutional and statutory provisions. It offers valuable recommendations for best practices and insights into how this process can be seamlessly integrated into the Ugandan Courts’ Case Management System.
The book then embarks on a historical journey, tracing the evolution of ADR within the Ugandan judicial system, with a focus on the Commercial court division of the High court, where Justice Kiryabwire once served as the head of division.
This chapter highlights pivotal moments, such as the Uganda Commercial Justice Sector Study (UCJSS) in 1999, which recommended reforms to the adjudication process at the Commercial court division. It also sheds light on other significant developments at the Commercial court division, including the establishment of a Pilot Court Annexed Mediation Scheme between 2003 and 2005 and the outcomes of the Mediation Scheme between 2010 and 2013.
Ethical considerations in ADR practice are not left unexplored, recognizing the distinctive ethical challenges posed by ADR compared to traditional legal practice. Justice Kiryabwire provides a comprehensive examination of the legal and ethical considerations within court- annexed mediation in the fifth chapter.
Chapter six navigates the unique characteristics of ADR, particularly the nature of confidentiality and the conduct of hearings. It thoroughly dissects the roles and responsibilities of the various parties involved in court-annexed mediation, breaking down the stages from the initial meeting to the conclusion of the mediation process.
The book’s value extends to demonstrating how mediation and other ADR methods can be seamlessly integrated into common areas of commercial practice. Chapter seven, for example, explores the mediation of corporate governance issues, while chapter eight delves into mediation in corporate insolvency cases.
Traditional adversarial methods in such scenarios often result in the dissolution of lucrative business partnerships when disputes arise. Therefore, this book offers valuable insights into how mediation can not only resolve disputes but also preserve valuable business partnerships.
Chapter nine sheds light on the unique challenges faced by litigants and members of the bench in dealing with election petitions. The chapter underscores the importance of employing ADR in the resolution of electoral disputes in Uganda and across Africa, mitigating the challenges associated with stringent timelines and voluminous evidence.
Justice Kiryabwire’s advocacy for the widespread adoption of ADR continues with chapter 10, which explores appellate mediation in international jurisdictions such as England and Wales and the United States of America. The chapter clarifies the concept of appellate mediation and its application in various subject areas, including interlocutory applications, monetary recovery, land disputes, labor disputes, and family disputes.
It also elucidates the distinctions between a memorandum of settlement and a Consent judgment, two often-confusing terms in the mediation process.
Chapter 11 aids readers in distinguishing arbitration from other forms of ADR, explaining the nuances of this dispute resolution method, including types of court-referred arbitration and their potential applications.
In Chapter 12, Justice Kiryabwire delves into the Small Claims Procedure, an initiative he championed during his tenure at the Commercial court division. The chapter provides insights into the history, implementation, and outcomes of the Small Claims Procedure, emphasizing valuable lessons learned from overcoming challenges along the way.
The final chapter explores ADR practice in criminal law, discussing alternatives in criminal proceedings and providing a breakdown of alternatives to retributive justice. By highlighting best practices from diverse jurisdictions, including Australia, the Caribbean, India, Nigeria, and Kenya, this chapter advocates for the consideration of ADR in criminal law. It concludes by showcasing the evolution of ADR practice in Uganda.
Alternative Dispute Resolution: The Ugandan Court Experience stands as a vital and eagerly anticipated resource for a diverse range of stakeholders. For the judiciary, it offers a guiding solution to address the longstanding issue of case backlog. Legal practitioners gain invaluable insights into the efficient resolution of disputes, enhancing their practice and benefiting their clients.
For the general public, the book serves as evidence that disputes can be resolved amicably, with the guidance of the court, without regarding opponents as adversaries. Justice Kiryabwire’s pioneering work sets the stage for a more harmonious and efficient legal landscape in Uganda, underscoring the transformative power of appropriate dispute resolution.
Source: The Observer