Dispute resolution as a solution to case backlogs, access to justice and business continuity in Uganda

By Kobusingye Chantal Flavia

In Uganda, taking a business partner to court is often a form of professional suicide. You might win the case in 2029, but by then, the inflation will have eaten into your award, your legal fees will have cleared your reserves, and the bridge you burnt will stay charred. Lengthy litigation processes are often tedious and costly. That is where Alternative Dispute Resolution (ADR) comes in handy.

Alternative Dispute Resolution is established by Article 126(2) of The 1995 Constitution of the Republic of Uganda, which emphasises the promotion of reconciliation between disputing parties. It was defined as the methods for settling conflicts outside of traditional, formal court litigation by Lady Justice Jane Frances Abodo during her most recent visit to the Law Development Centre.

Following the ADR Performance Report 2025, Dr. Flavian Zeija, the Chief Justice, emphasised that each mediated case represented not only a resolved dispute but also social healing as family and business relationships were restored, resulting in a peaceful co-existence. An elaborate case study is the successful mediation of the long-standing estate dispute involving the late Mohammed Buwule and the Kingdom of Buganda, which resulted in the unlocking of property valued at UGX1.3 trillion.

It goes without saying that businesses thrive in peaceful and stable environments, as risks such as inflation and reputational damage are minimised. However, as the saying goes, “Better the devil you know than the devil you don’t,” many people still prefer traditional court systems over Alternative Dispute Resolution (ADR). This is largely due to challenges such as low referral rates and limited resources, which lead to budgetary constraints. These challenges, however, can be addressed through targeted initiatives, including expanding regional access, strengthening stakeholder engagement, and harmonising legal frameworks.

There is a reason “Smart Money” in Kampala is quietly moving away from the witness stand and toward the mediation table. It is not about being nice but rather about getting back to work.

The Uganda Annual Police Crime Report 2024 highlighted that 81,750 cases had been taken to court, of which 43,579 cases were still pending by the time the report was launched. However, in the business world, sustaining a case in court for a lengthy period of time only reduces the capital as enormous sums of money are injected into clearing the legal fees.

Furthermore, the Judiciary National Court Census 2025 reported a total of 167,353 pending cases as of the night before it was launched. All these cases are meant to be heard by the appointed judges, with the High Court having a quorum of one judge. This simply translates to the fact that these judges are strained, resulting in burnout, which inevitably leads to case backlog.

The Court of Appeal, which also sits as the Constitutional Court, registered a ratio of 1:647 pending cases and 1:358 backlog cases. It means that a single judge has approximately 647 pending cases and 358 cases in backlog. Attempting to adjudicate such a staggering load is a rather herculean task.

This brings us to the salient point. Alternative Dispute Resolution proves indispensable as it reduces court congestion and minimises delays and costs while preserving commercial relationships through methods such as; Arbitration, Mediation, Conciliation and Negotiation.

This strategy is backed by several legal frameworks, the latest being the National Alternative Dispute Resolution Policy of 2025. These alternative methods have been confirmed to facilitate the Judiciary’s constitutional mandate, which is, “To administer justice in a manner that is accessible, timely, affordable and yet responsive to the people’s means and aspirations.”

The ultimate irony of the Ugandan legal system is that the moment you file a lawsuit, you lose control of your company’s destiny. You hand your keys to a legal officer and pray for a green light that may not come for a decade. ADR is the act of taking those keys back.

It is the realisation that a ‘messy’ settlement today is worth ten ‘perfect’ judgements five years from now. In the world of business, the strongest move is not showing your teeth in a courtroom but rather having the clarity to settle the score, shake hands, and get back to the only thing that actually matters: growth.

Ms. Kobusingye Chantal Flavia is a legal scholar and ADR enthusiast.