How Effective is Mediation as an Alternative Dispute Resolution Tool? A Case Study of Zirobwe Sub County Luweero District, Uganda.

Abstract

Context and background

The paper explores effectiveness of mediation as a tool for land dispute resolution in Luweero District in Uganda, focusing on Zirobwe Sub County.  Land disputes are solved either through litigation where a court of law is involved and alternatively with what is called Alternative Dispute Resolution(ADR). Mediation is an important aspect of ADR that is encompassing the disputants and guided by mutual trust of the mediators. Much as it is envisaged to be mutual, there are challenges experienced by the method hence the need to explore its effectiveness.

Goal and objectives:

The specific objectives of the study were to evaluate the factors that influence mediation outcomes, to identify challenges encountered during mediation of land disputes, and to devise solutions to the challenges.

The methodology:

A case study research design method was adopted, and employed both quantitative and qualitative approaches to bring in-depth analysis and discussion of the problem. Simple random, and purposive sampling techniques were employed to select participants.  A self- administered questionnaire was completed by 35 participants who had experienced land disputes and were handled using mediation. Twelve (12) interviews were conducted with key informants including local leaders and court mediators. One Focus Group Discussion was conducted with eight police officers. Quantitative data was analyzed using frequency tables and charts generated from SPSS Ver.27 and Microsoft Excel. Qualitative data were analyzed through thematic approach by categorizing data into themes which enhanced effective interpretation of results.

Results:

The key findings revealed several critical factors essential for the viability of mediation agreements. There is need for a comprehensive understanding of stakeholders' interests, enthusiastic engagement of the community, transparency, and inclusivity throughout the mediation process. The involvement of local leaders, personal integrity and experience of mediators, ongoing capacity building, and supportive frameworks are crucial for mediation to remain relevant as a land dispute resolution option. The findings revealed factors that are essential for better mediation outcomes, and these include; interpersonal skills of the mediators, procedural fairness, cultural sensitivity, and effective communication. Pervasive lack of awareness, lack of trust in the mediation process, and the enforceability of mediation outcomes present another notable challenge and barrier to mediation as an ADR tool.  It is concluded that it is imperative to enhance mediation practices, strengthen enforcement mechanisms, and ensure viable commitment to agreements.