An assessment of the functionality of mediation in reduction of case backlog: a case study of the High Court of Uganda-Commercial Division.

Abstract

This study evaluated the practicality of mediation in the reduction of case backlog at the High Court Commercial Division. It sought to establish whether mediation has been practical in reducing case backlog at the commercial division. It further examined case backlog, its causes, effects on the economy and measures to reduce it. It specifically analyzed the extent to which mediation has been practical in the reduction of case backlog at the Commercial division, the constraints to its practicality and suggested ways of making mediation practical in the reduction of case backlog at the Commercial division. The study reviewed the available literature and the legal regime on mediation. The study employed both quantitative and qualitative research data methods and was conducted at the Commercial division of the High Court because it is the pioneering court of mediation in Uganda. Various respondents participated in the study; Seven (7) of whom were Justices and judges; Six (6) were current and former registrars of the commercial division; Six (6) court accredited mediators, over Fifteen (15) advocates who have ever participated in mediation at the commercial division; Three (3) court clerks and data entrants at the commercial division; One (1) archives officer at the division and Five (5) litigants. The main finding of this study is that much as several cases were completed under the court-annexed mediation, mediation did not reduce the case backlog at the division. The study further established that in the course of the study mediation became optional and was no longer court-annexed. The study showed that the completion rate of the optional mediation was way too low as compared to the court-annexed mediation. The study shows that mediation still faces several challenges which if addressed can make it more functional. In conclusion, the study recommended that mediation is capable of reducing case backlog at the division if it is well facilitated and enough sensitization conducted among the masses.