My Article - Take 1

As I mentioned, I had an article published in one of the local papers here. The New Vision is the government owned paper, and as I sent this to both the Vision and the Daily Monitor (basically, the opposition paper), the Vision published it first. As far as I know, it could get published in the Monitor as well, but who knows. It is the continuing effort to educate the general public on what mediation is and why it is beneficial, i.e., the continuation of the so-called informal "media campaign."

The transcript of the article as I wrote it is below. Take a look, it is a quick read. Then I will post the article as it was published in the Vision and you tell me what you think of the difference. I am very interested to see what any of you have to think. And no, this is not a ploy to get you to read my article more than once for exposure. There are some marked differences and it would be good to get some objective feedback.

The article as I wrote it:

BY JOHN M. NAPIER
MEDIATION CAN HELP ACHIEVE QUICKEST JUSTICE AND SATISFACTION

Ever since entering Uganda, I have heard a consistent complaint about the slow pace of litigation and cries of justice. This begs the question: what is the most efficient method for resolving disputes? I submit that the best method is the Alternative Dispute Resolution (ADR) practice of Mediation, which can not only reduce delays and case loads in the courts, but bring about a more satisfying and just conclusion to disputes.
Where once the Commercial Court had 100 cases filed per year, now that many cases can be filed in a month, with only a few judges to help adjudicate. Yet, the Commercial Court has employed ADR, requiring each case to go into mediation before going into court. The process is simple. Both parties come before the mediator, a neutral third party, and tell him/her the circumstances of the case. Then, the mediator begins asking questions while everyone begins looking for collaborative solutions to the issue. This alternative to litigation is the best opportunity for clients to exercise control over the outcome of the dispute, because the parties themselves come to the agreement. The mediator is positioned to help the parties reach resolution by exploring creative options and facilitating negotiation of a mutually beneficial outcome. Moreover, there is little to no room for corruption because the mediator is not allowed to make the parties come to an agreement; he/she is there to help them reach agreement themselves. A resolution comes in the form of a consent judgment, which has the same force as a judge’s ruling, with the advantage that it cannot be appealed. If mediation does not resolve the case, the case is issued back into court.
This alternative offers the best option for parties to be satisfied with the outcome. It is wonderful to see two parties that have been in litigation for many years go into mediation and, in a matter of hours, walk out with an agreement and shaking hands. While binding arbitration also has its place in ADR, mediation has the advantage of producing both process satisfaction and outcome satisfaction. Not only that, mediation is far less expensive than a courtroom solution. Every time parties mediate, there is an opportunity for a win-win scenario.
The Ugandan Constitution of 1995, under Section III of the National Directives and Objectives of State Policy, declares that courts “establish and nurture institutions and procedures for the resolution of conflicts fairly and peacefully.” Uganda’s Civil Procedure Rules, Order XII mandate scheduling conferences in all civil proceedings, and dictate that parties must consider mediation, arbitration and any form of settlement. The underlying foundation of ADR lies within Uganda’s legal framework.
Unfortunately, many see mediation as a weakness, or try to frustrate the process. But in the end, even defeating the other party at trial does not mean the clients come out better. The great American President and Emancipator, Abraham Lincoln said: “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser, in fees, expense, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be enough business.”
In rare exceptions a case will fall outside the realm of mediation and the unique capability of the court is required. Otherwise, resolution through mediation is the quickest, most satisfying and most definite form of justice available today. Hopefully, it will be expanded throughout every District and corner of Uganda.

The writer is an Accredited Mediator with the Commercial Court.


*All photos are copyright John M. Napier unless otherwise indicated.*