KAMPALA, Uganda— The Supreme Court has begun referring cases to appellate mediation in an effort to resolve appeals faster and reduce its backlog, a court official said Thursday.
Deputy Registrar Elizabeth Ogwal Akullo told UG Standard that 14 cases have been identified for the voluntary process, with five already registered and parties being called for initial meetings.
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Akullo explained that the court is increasingly relying on appellate mediation as a more efficient and cost-effective alternative to traditional court hearings, particularly in civil disputes. This voluntary process involves bringing together parties in an appeal with a neutral facilitator – often an appellate judge, an accredited mediator, or an individual jointly selected and approved by the court – to explore negotiated settlements.
“Appellate Mediation is a new innovation at the Supreme Court designed to fast track appeals and applications suitable for settlement,” Akullo said. “It is a voluntary process that allows parties to an appeal to submit their dispute for mediation by a neutral person… to negotiate a settlement of their dispute. It is designed to be a faster and more cost-effective way to resolve appeals, particularly in civil cases, and can help reduce court backlogs.”
Akullo confirmed that parties involved in these cases have been invited to participate in a pre-mediation conference, a preliminary stage intended to establish a foundation for productive discussions.
Following the conference, the cases will be assigned to accredited mediators who will oversee the mediation sessions according to the court’s established framework.
Akullo noted that appellate mediation is most appropriate for civil appeals where the primary facts are not heavily disputed and the parties show a genuine interest in reaching a negotiated resolution.
Cases involving bills of costs and taxation references are also suitable for this alternative dispute resolution method.
The court’s implementation of appellate mediation is driven by the primary goal of providing a platform for parties to collaboratively seek solutions outside of strict legal arguments, potentially leading to mutually agreeable outcomes without the need for a full trial.
The Deputy Registrar emphasized the potential for considerable savings in both time and financial resources, especially in cases without significant factual disagreements. “It can also lead to a more tailored and mutually satisfactory resolution, as parties have more control over the outcome,” she added.
The timing of mediation within the appellate process is crucial for its effectiveness in reducing delays. “When mediation probable cases are identified and the parties willfully come to explore amicable settlement of their dispute/case before court, then time and resources are saved,” Akullo said. Even if mediation is unsuccessful, the case returns to the standard court track without significant additional delay.
Akullo outlined the typical steps of appellate mediation, starting with the Registrar opening a mediation case file and inviting parties to a pre-mediation conference. This is followed by the submission of concise summaries by each party, the assignment of a mediator, and the issuance of a hearing notice. If a settlement is reached, a binding Mediation Agreement is signed and filed with the Registrar, leading to a consent withdrawal of the appeal. If mediation fails, a report is filed, and the case is scheduled for a court hearing.
Appellate mediation can be initiated at various points in the appeal process, including identification by the Registrar, referral by a Justice during a pre-hearing conference, court direction during a hearing, or at the request of a party. Ideally, the mediation process concludes before a final judgment is issued.
The Supreme Court plays a multifaceted role in the appellate mediation process. Beyond initiating the process through the Registrar or a Justice, a single Justice of the Court can act as the neutral mediator, facilitating discussions and guiding parties toward resolution.
The Supreme Court Deputy Registrar underscored that the court’s active involvement aims to expedite dispute resolution and provide faster access to justice. Additionally, mediation offers a valuable platform for reconciliation and the potential rebuilding of relationships strained by litigation.
Akullo firmly stated that agreements reached through appellate mediation are legally binding on all participating parties.
Upon the successful conclusion of mediation, the signed Mediation Agreement and the subsequent withdrawal of the case dictate the future rights and obligations of the parties involved.
Akullo emphasized its capacity to deliver swift justice, often within 60 days, create mutually beneficial “win-win” scenarios, foster reconciliation, significantly reduce the substantial costs associated with protracted litigation, and, most importantly, contribute to a tangible reduction in the Supreme Court’s persistent case backlog.
She said the Supreme Court of Uganda is demonstrating a clear commitment to enhancing the efficiency, accessibility, and overall effectiveness of its judicial system, ultimately striving to provide more timely and equitable justice for all.
