By Kobusingye Chantal Flavia
Let’s be honest; 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, inflation will have eaten your award, your legal fees will have cleared your reserves, and the bridge you burned will stay charred.
Alternative Dispute Resolution (ADR) is established by Article 126(2) of the 1995 Constitution of the Republic of Uganda, which emphasises the promotion of reconciliation between disputing parties.
Following the ADR Performance Report 2025, Dr. Flavian Zeija emphasised that each mediated case represents not only a resolved dispute but also social healing, as family and business relationships are restored, resulting in 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 unlocking property valued at UGX 1.3 trillion.
It goes without saying that businesses thrive in peaceful environments, as risks such as inflation and reputational damage are reduced. However, as the saying goes, “Better the devil you know than the devil you do not.” Similarly, ADR has faced challenges such as low referral rates, as many people still prefer traditional courts, and resource limitations leading to budgetary constraints. These can be addressed through expansion of regional access, stakeholder engagement, and harmonisation of 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 about getting back to work.
Alternative Dispute Resolution was defined as methods for settling conflicts outside traditional, formal court litigation by Hon. Lady Justice Jane Frances Abodo during her recent visit to the Law Development Centre.
The Uganda Police Annual Crime Report 2024 highlighted that 81,750 cases were taken to court, of which 43,579 were still pending by the time the report was released. In the business world, sustaining a case in court for a long period only drains capital, as enormous sums are spent on legal fees.
Furthermore, the Judiciary National Court Census 2025 reported a total of 167,353 pending cases. These are all meant to be handled by appointed judges, with the High Court operating with a quorum of one judge. This places immense strain on the judiciary, leading to burnout and inevitably contributing to case backlog.
The Court of Appeal, which also sits as the Constitutional Court, recorded a ratio of 1:647 pending cases and 1:358 backlog cases per judge. This means a single judge is responsible for approximately 647 pending cases and 358 backlog cases, a workload that is clearly overwhelming.
This brings us to the key point: ADR is indispensable. It reduces court congestion, minimises delays and costs, and preserves commercial relationships through methods such as arbitration, mediation, conciliation, and negotiation.
This approach is supported by several legal frameworks, including the National Alternative Dispute Resolution Policy of 2025. These mechanisms help fulfil the Judiciary’s constitutional mandate to administer justice in a manner that is accessible, timely, affordable, and responsive to the people’s needs.
As Dr. Zeija emphasised, each mediated case is not just a resolution, but a restoration of relationships and social harmony. Businesses thrive in such environments, where uncertainty and reputational risks are minimised.
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 over the keys to a legal process that may take years, even decades.
ADR is about taking those keys back. It is the recognition that a “messy” settlement today is worth more than a “perfect” judgment five years from now.
In business, the strongest move is not showing your teeth in a courtroom, but having the clarity to settle disputes, shake hands, and return to what truly matters: growth.
The writer is a Legal Scholar and ADR Enthusiast
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