Examining the Role of Alternative Dispute Resolution (ADR) and Small Claim Procedure in the Settlement of Civil Disputes in Uganda

Abstract

Over the past several decades, there has been growing interest amongst advocates worldwide in the use of alternative dispute resolution (ADR) techniques to resolve their clients' disputes more economically and efficiently. In the face of bottlenecks and backlogs in the court systems, as well as spiraling costs and fees, courts and members of the legal fraternity have been part of the movement seeking means other than litigation for resolving disputes. As a result, the development of more flexible means of resolving disputes in the form of ADR techniques has gained popularity, and the Ugandan legal system is no exception. Undoubtedly, the benefits of incorporating ADR into the Ugandan legal system offer significant potential, leading to its widespread recognition in Uganda. The legal system has undergone tremendous reforms in recent years, making a study on ADR particularly timely in this context. This paper aims to introduce to the reader the concept of ADR and its implications in the Ugandan context, particularly in dealing with the rampant problem of case backlog in Uganda's judiciary. We conducted this study using the doctrinal method of research, which relies on secondary information from highly qualified state publicists as clearly outlined in textbooks, novels, law journals, articles, websites, and other literature, including class notices. The researcher also utilized court rulings from various states' judges, parliamentary acts on Alternative Dispute Resolution (ADR), and international agreements in which Uganda participates to determine the pace at which Uganda's legal system has integrated ADR to settle civil disputes. Keywords: Alternative dispute resolution, Arbitration, Civil dispute settlement, Mediation, Small claim procedure