Ada Nasiima, the Isingiro Resident District Commissioner, has voiced concerns about the underutilization of mediation by lawyers in resolving disputes, particularly those involving domestic violence. Mediation, a process employing a neutral third party to facilitate communication and reach a mutual resolution, was officially incorporated into Uganda’s court system at the High Court Commercial Division through the Judicature Mediation Rules, 2007.
Subsequently, it was introduced to other courts under the Judicature (Mediation) Rules, 2013, formulated under Section 41 of the Judicature Act Cap 13. Expressing disappointment at the escalating rates of domestic violence and land disputes in the district, Nasiima attributed some cases to lawyers who threaten legal action if mediation is sought.
Noting that there are no legal impediments preventing the RDC’s office from mediating, especially in security-sensitive domestic violence cases, Nasiima urged for a more proactive approach. Alone Turahi, the Isingiro District LC V Chairperson, echoed similar sentiments, emphasizing that certain matters could be resolved outside the courts without undermining the legal system.
He called on lawyers to allow other offices and leaders to intervene in such cases, noting the time and resources saved by these interventions. At the inaugural open day of the Isingiro Chief Magistrates Court, Principal Judge Dr. Flavian Zeija addressed court users and judiciary members. He cautioned lawyers who believe mediation falls exclusively within the purview of the judiciary, stating that mediation can be conducted by various parties, including local leaders, religious figures, or lawmakers.
Dr. Zeija noted that lawyers are not barred from initiating mediation efforts and emphasized that if mediation fails, parties remain at liberty to approach the courts. Moreover, he assured that anyone contesting court orders has the freedom to challenge them.
URN.