Time to stop monkeying around

Here it is a month and a half into my appointment at the Commercial Court in Uganda and I don't feel any closer to getting things resolved or changing the legal culture to a favorable disposition towards mediation. It can be frustrating when 90% of the mediations you have scheduled get adjourned because one party did not show up, or attorneys showed up without clients, or no one shows up at all. On top of that, it is like nails on a chalk board at times when you do get into a mediation and the parties, on either or both sides, have no real interest in trying to resolve things. Then there are the rhinoceroses which take three to four mediation sessions at two to four hours per session to get progress. I have about four or five of these going right now trying to push them to resolution, but there is still a real possibility for most of them that they could end up in court.

I guess this is a bit of a venting and a bit of a rant to say: I wish the legal culture was more receptive here (because mediation and Alternative Dispute Resolution (ADR) has been present and practiced in Africa long before we ever heard about it in the West--it was the MO of Africa for centuries until they were taught litigation, and just like a pitbull, litigation mindset does not like to let go once it has taken hold); I also wish I was a better mediator. I guess there has to be some slack given, since I have had so few mediations, and really I have only referred two cases to court so far--everything else is still in progress. And my first week, I did--with Justice Kiryabwire's help of pushing it across the finish line--mediate a dispute that had been in the courts here for ten years. So, I guess things are not as bad as they seem, but they can be frustrating. But ultimately, I need to get down to business and stop monkeying around (i.e. stop trying to acclimate and focus on the work). Do not get the impression I have been doing nothing here--quite to the contrary. But it feels like there is a wall that needs to be broken through to start being more effective and efficient. So, that is the plan. And that plan is now public. Feel free to ask me how its going and what's happening, if you so desire. I came to Uganda wanting to change things and I will not leave until it is done. By the grace of God things will be changed for the better.

On the brighter side, I gave a lecture on structured mediation to cultural leaders and LC's (local councilmembers) in the north of Uganda yesterday, in a town called Lira, which was received very well. The presentation seemed to go well and was understood because the questions were very pointed and were incisive for the depth of presentation I gave. It was an honor to be able to present and I thank Dickson Ogwang of the Peace and Reconciliation Ministries based in Lira, as well as Sam Casey of Advocates International, for the invitation.

Three pictures are included: the first is of a monkey that was beside the road on the drive up, right as we crossed the Nile; the next one is of a baboon that I came across (there were several strolling by the road). The last picture is me giving the presentation (and I hope you appreciate this picture because for the past dozen years I have disliked any picture of myself--you can see I am looking a little too healthy). Thanks to my friend and driver, Daniel Ntende, for taking the picture of me lecturing yesterday.

Peace be upon you all.

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