ANALYSIS OF ADR IN CHAMPIONING ECONOMIC GROWTH, ACCESS TO JUSTICE AND HUMAN IN UGANDA (EAST AFRICA).

Abstract

The Courts in Uganda are set on the colonial system of adversarial approach. The courts in
Uganda experience backlog of cases,2 that hinder access to justice.3 Many researchers have
found that there is no access to justice due to the fact cases take too long to be delivered by
Courts.4 The former Chief Justice Justice RT Hon. Bart Katurabe in his farewell speech
requested the government to increase on the number of judges5 to reduce backlog of cases.
Todays‟ business industry, are becoming more complex and need more capital for investment.
The business environment is more scared of a country where delivery of judgments takes
decades.
The Commercial transactions play a vital role in generating revenue to the state. commercial
disputes arise which require quick resolution to forestall the disruption of business
relationships. The problem associated with litigation provide a lacuna that can only be filled
with ADR,
The failure to solve disputes in a society can spiral violence due to lack of effective judicial
system that can provide a credible and timely process for solving disputes. 6 Alternative
Dispute Resolution (ADR) techniques can strengthen dispute settlement and bridge the gap
between formal legal system and traditional modes of justice. ADR helps in stabilization of
the economy, state building efforts and human rights, especially when judicial institutions fail
to promote justice to all. In Uganda backlogged courts often require claimants to wait for
years, without getting justice in courts. Many have a view that its impossible to get justice in
Courts, which may ignite the potential violence group to cause instability.