By Trema Namara.
Mediation is the formal process whereby dispute resolution is facilitated by an independent third party known as a mediator.
How it works in Uganda
The mediation process is largely about creating an environment that facilitates dispute resolution. The parties need to believe that the mediator will treat both parties fairly, discretely, honorably, and without bias. The mediator needs to also gain confidence of both opposing parties. The mediator has to make sure that both opposing parties communicate substantively, identify common interests, clarify issues of the dispute, consider options and reach fair and equitable resolution of dispute.
What are the benefits of mediation in Uganda?
Mediation increases efficiency in case management and litigation. It can help parties to maintain a higher level over the process and the end results. It reduces the hefty costs that often associated with the complex litigation processes.
Mediation is key in reduction of work load in the court system. Cases that delay in the court system for years can be resolved in days under the mediation process. With mediation, parties are able to get earlier resolution without waiting for years to resolve their disputes.
How do i choose a mediator in Uganda
In informal procedures, one party cannot choose a mediator but rather both parties can select a mediator and such a person must be a neutral party to the case.
In formal procedures, Court chooses the mediator for both parties to resolve the dispute before court proceeds for trial or hearing.
What are the legal requirements for settling a dispute through mediation in Uganda.
The Kampala based Center for Arbitration and Dispute Resolution’s (CADER) code of conduct for mediator’s sets out the principles that help in settling/resolving disputes which may be used as guiding principles by other mediators irrespective of who they work for. These include;
- Confidentiality; this can help open up dialogue and foster meaningful discussions between parties.
- Self-determination; the mediators have no power to force parties to reach an agreement.
- Impartiality; a mediator should only accept to mediate matters where impartiality can be maintained. This instils trust, enables parties to collaborate and share information with the mediator and other parties.
What happens if mediation fails to resolve the dispute?
Incase mediations fails, the mediator is supposed to send back the file in court the mediation was initiated by Court explaining how both parties failed to compromise and reach an amicable resolution.
In case of mediation processes, the mediator should advise the parties on other options available to them to resolve the dispute including but not limited to arbitration or litigation in courts of law.
Conclusion
Mediation remains very crucial to support dispute resolution since other formal processes in the legal sector still fail to produce timely, efficient, cost-effective and non-arbitrary results. It is important that legal practitioners be trained to on how professional and ethical mediation processes.
The writer Mr. Trema Namara is a law student at Uganda Christian Univeristy (UCU), Mukono.
