The High Court’s Commercial Division has settled 64 trade, corporate and construction disputes worth Shs20.67 billion through mediation, freeing up resources tied up in litigation and helping businesses avoid prolonged court battles. The settlements were recorded during a 60-day mediation exercise that followed the division’s Settlement Fortnight held from August 17 to 30, 2026.
The exercise officially closed on October 17, with the results presented on Wednesday at an exit meeting held at the Court of Appeal Conference Hall. Presenting the report, the Head of the Commercial Division, Justice Anna Bitature Mugenyi, said 452 cases had been assigned to 26 mediators drawn from judicial officers and accredited mediators.
Of these, 229 cases were completed, representing a completion rate of 50.7 per cent. The completed cases resulted in 60 full settlements and four partial settlements, while 165 ended without an agreement. Justice Mugenyi attributed the relatively low completion rate partly to inadequate screening, revealing that 117 cases listed for mediation were non-starters.
She said proper screening would ensure that only cases ready for mediation are scheduled in future exercises, improving efficiency and the overall settlement rate. The report showed that 20 of the 64 settled cases were drawn from an existing backlog of 603 disputes in the trade, corporate and construction cluster. These cases were worth Shs7.06 billion, accounting for 34.2 per cent of the total value of settlements.
Justice Mugenyi said another 16 settlements involved suits filed in 2025, helping prevent them from remaining unresolved and adding to the court backlog for longer periods. The oldest settled case had been filed in 2022 and involved a subject matter value of Shs282.1 million. It was resolved on September 2, 2026.
The exercise also supported the government’s Tenfold Growth Strategy and the Fourth National Development Plan, with 25 disputes worth approximately Shs7.75 billion falling within priority sectors and economic enablers. These included agro-industrial development, tourism, minerals, oil and gas, science and technology, construction, logistics, electricity and health.
Justice Mugenyi said resolving disputes in these sectors early was important because it released resources that would otherwise remain tied up in prolonged litigation, allowing businesses and related economic activities to continue operating.
However, she identified several challenges that affected the exercise, including judicial officers’ involvement in election petitions, inadequate case screening, resistance to mediation by some lawyers, limited office space, and the transfer of 62 civil suits from which mediation cases had arisen.
To improve future performance, she recommended establishing a dedicated case-screening committee, assigning cases and issuing hearing notices early, setting uniform performance targets and requiring parties to attend mediation with full authority to negotiate settlements.
She also called for courtrooms to be made available during mediation exercises and encouraged outstanding mediators to share their practices with colleagues. The report further recommended providing fuel allowances to accredited mediators to facilitate their participation.
Principal Judge Jane Frances Abodo said mediation should not be assessed solely by the number of cases concluded but also by its impact on relationships, businesses and the wider economy. She described mediation as meaningful justice because it allows parties to resolve disputes amicably and leave the process satisfied.Abodo urged the Judiciary and other stakeholders to strengthen mediation by improving how lawyers and their clients understand and participate in the process. She also called on participants to become ambassadors of alternative dispute resolution, saying greater public awareness of the Judiciary’s achievements was important in building confidence in the justice system.
Former Deputy Chief Justice Richard Buteera, who also serves as a mediator, commended the Commercial Division for developing the programme, evaluating its outcomes and identifying challenges that require attention. Buteera said the exercise demonstrated the importance of planning and reviewing judicial programmes, urging stakeholders to embrace mediation as an effective means of resolving disputes and promoting cooperation.
He also called for broader participation in construction-related dispute resolution, proposing that representatives of the UPDF Engineering Brigade be invited to future engagements in line with the government’s interest in strengthening local participation in construction projects.
Lawyer Maxim Mutabingwa called for increased training of advocates to address resistance to mediation among some members of the legal profession. Mutabingwa said some lawyers continued to favour conventional litigation because they did not fully appreciate the purpose and benefits of mediation.
He urged the Judiciary to strengthen professional training, including through international collaboration, and involve more advocates in mediation initiatives. The exit meeting called for stronger case screening, improved logistical support, and greater participation by lawyers and litigants to enhance the effectiveness of future mediation exercises-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
