{"id":198,"date":"2026-04-17T11:48:49","date_gmt":"2026-04-17T11:48:49","guid":{"rendered":"https:\/\/otongmichaelfavour.com\/articles\/?p=198"},"modified":"2026-04-20T16:21:09","modified_gmt":"2026-04-20T16:21:09","slug":"mediation-in-uganda-judicature-mediation-rules-2013-judicature-court-annexed-mediation-rules-2026","status":"publish","type":"post","link":"https:\/\/otongmichaelfavour.com\/articles\/mediation-in-uganda-judicature-mediation-rules-2013-judicature-court-annexed-mediation-rules-2026\/","title":{"rendered":"Mediation in Uganda: Judicature (Mediation) Rules, 2013 & Judicature (Court Annexed Mediation) Rules, 2026"},"content":{"rendered":"\n

Rule 3 of the 2013 Rules<\/strong> defines mediation as the process by which a neutral third person facilitates communication between parties to a dispute and assists them in reaching a mutually agreed resolution. The 2026 Rules under Rule 4 <\/strong>retain this definition, describing mediation as a non-adversarial process in which a mediator encourages and facilitates the resolution of a dispute between parties.<\/p>\n\n\n\n

Principles Governing Mediation<\/strong><\/p>\n\n\n\n

    \n
  1. Self-Determination<\/strong><\/li>\n<\/ol>\n\n\n\n

    Self-determination is a foundational principle of mediation, expressly anchored in Rule 16(1) of the 2013 Rules, which provides that where parties resolve some or all issues subject to mediation, they shall enter into an agreement setting out the matters on which consensus has been reached. This underscores a critical distinction between mediation and adjudicative processes: while the mediator’s primary role is to facilitate communication and assist parties in identifying common ground, the authority to determine the outcome rests exclusively with the parties themselves. Any agreement reached is therefore a product of mutual consent rather than external compulsion. The 2026 Rules reinforce this principle under the Code of Conduct in Schedule 2, which expressly provides that a mediator shall conduct the mediation process in accordance with the principle of party self-determination, ensuring that all participating parties make informed decisions voluntarily and free from any form of coercion or undue influence, and that the authority for decision making rests with the parties and not the mediator.<\/p>\n\n\n\n

    2. Confidentiality and Privilege<\/strong><\/p>\n\n\n\n

    Rule 18 of the 2013 Rules prohibits both the mediator and parties from disclosing any information obtained during mediation unless required by law or the parties consent in writing, thereby encouraging candid engagement without fear that disclosures will be used against them in subsequent proceedings. This principle is however not absolute, as Rule 18(2) excepts information ordinarily required for disclosure in the main suit or related applications, ensuring confidentiality is not weaponized to suppress legitimately available evidence. Further, Rule 18(3) introduces the element of privilege by prohibiting any party from compelling the mediator or any officer or representative of CADER to testify in any litigation related to the mediation, thus safeguarding the mediator’s neutrality and preserving the integrity of the entire mediation process. The 2026 Rules significantly expand this principle under Rule 30, which introduces a formal Confidentiality and Inadmissibility Agreement that all participants must sign before mediation commences. Rule 30 further provides that all proceedings, documents, statements, admissions, views, and proposals made during mediation are confidential and inadmissible in any judicial or arbitral proceedings. Notably, the 2026 Rules introduce mandatory disclosure exceptions where information relates to child abuse, defilement, domestic violence, sexual offences, or any related criminal purpose, ensuring that confidentiality cannot shield ongoing harm or illegality.<\/p>\n\n\n\n

    3. Fairness and Impartiality<\/strong><\/p>\n\n\n\n

      \n
    1. <\/li>\n<\/ol>\n\n\n\n

      Fairness and impartiality are fundamental principles governing the conduct of a mediator, as established under Guideline 3 of Schedule 2 of the 2013 Rules, which requires the mediator to act fairly towards all parties, remain free from bias, and refrain from discriminating against any party. Where a mediator identifies an abuse of the mediation process or a power imbalance likely to undermine a mutually acceptable resolution, it becomes the mediator’s responsibility to redress that imbalance and ensure the process is conducted on an equitable footing for all parties involved. The 2026 Rules reinforce this under the Code of Conduct in Schedule 2, which defines impartiality as freedom from manifestations of favoritism or bias toward one party over another in word, action or omission, and further prohibits a mediator from accepting gifts, favors, loans or items of value that could compromise their actual or perceived impartiality<\/p>\n\n\n\n

      4. Informed Consent<\/strong><\/p>\n\n\n\n

        \n
      1. <\/li>\n<\/ol>\n\n\n\n

        Informed consent is governed by Guideline 4 of Schedule 2 of the 2013 Rules, which obligates the mediator to disclose to the parties any matter that could constitute a conflict of interest, whether apparent, potential, or actual, and to make such disclosure as soon as the conflict arises, whether before or during mediation. Critically, where a conflict of interest exists, the mediator shall neither commence nor continue acting in the mediation unless all parties specifically acknowledge the disclosure and consent in writing, thereby ensuring that the parties’ participation in the process is fully informed and voluntarily rendered. The 2026 Rules entrench this principle under Rules 14(4) and 14(5), which impose the same obligation on mediators, and go further under the Code of Conduct to specify the categories of information that must be disclosed, including having previously acted for any of the parties, having a financial interest in the outcome, or possessing confidential information about any of the parties.<\/p>\n\n\n\n

        See the schedule 2 for other principles<\/em><\/strong><\/p>\n\n\n\n

        The Process of Mediation<\/strong><\/p>\n\n\n\n

          \n
        • Submission to Mediation<\/strong><\/li>\n<\/ul>\n\n\n\n

          The mediation process is initiated at the point of filing, where Rule 5 of the 2013 Rules requires parties to submit a case summary. It is however important to note that parties may submit to mediation at any stage of the court process, making it a flexible mechanism accessible throughout the life of a suit. The 2026 Rules under Rule 12 similarly provide that parties to any civil matter may voluntarily and by mutual consent refer their dispute for mediation at any stage before the final determination of the suit, reinforcing the consensual and flexible character of the process.<\/p>\n\n\n\n

            \n
          • Assignment of a Mediator<\/strong><\/li>\n<\/ul>\n\n\n\n

            Upon submission, the Court Registrar assigns the matter to a suitable mediator under the 2013 Rules. The 2026 Rules under Rule 12(2) introduce greater party autonomy at this stage by allowing parties to choose a mediator of their choice, whether from the list of court accredited mediators or any other person. Where parties fail to agree on a mediator, Rule 12(3) empowers the Registrar or Magistrate in charge of court annexed mediation to appoint a court accredited mediator. Notably, Rule 12(5) of the 2026 Rules introduces a new provision allowing a judicial officer to serve as a mediator with the consent of the parties, though where such mediation fails, the judicial officer must immediately cease to take part in any further proceedings relating to that suit.<\/p>\n\n\n\n

              \n
            • Notification of Commencement<\/strong><\/li>\n<\/ul>\n\n\n\n

              Under Rule 7(1) of the 2013 Rules, the court is required to notify the parties of the commencement date of the mediation sessions within fourteen days after pleadings are complete. The 2026 Rules restructure this process under Rules 19 and 20, whereby the Registrar issues a formal Notice of Appointment of a Mediator to the parties in Form 3, following which the mediator issues a Mediation Notice to the parties stating the date, time and venue of the mediation in Form 4, or the parties contact the mediator within five days of receipt of the notice to commence mediation.<\/p>\n\n\n\n

                \n
              • Commencement of Mediation<\/strong><\/li>\n<\/ul>\n\n\n\n

                The mediation sessions then commence, during which the mediator facilitates structured dialogue between the parties with a view to resolving the dispute amicably. Under the 2026 Rules, Rule 20(2) adds a significant requirement that before mediation commences, the mediator must obtain the consent of the parties and have them sign a Confidentiality and Inadmissibility Agreement in Form 5, formally binding all participants to the rules of confidentiality from the outset.<\/p>\n\n\n\n

                  \n
                • Settlement Agreement<\/strong><\/li>\n<\/ul>\n\n\n\n

                  Where the parties reach a resolution, Rule 16 of the 2013 Rules requires them to reduce the agreement to writing, signed by all parties, and filed with the Registrar, Magistrate, or authorized court officer, whereupon it is endorsed by the court as a consent judgment. Where resolution is only partial or not achieved at all, the mediator refers the outstanding matters back to the court for determination. The 2026 Rules under Rules 31 to 33 elaborate this framework significantly, requiring the settlement agreement to be signed in triplicate by the parties, their advocates, and the mediator, filed in court within seven days, and adopted by the judicial officer as an order of court after reviewing and confirming its lawfulness. The 2026 Rules further introduce a dedicated provision for partial settlement agreements under Rule 33, and provide under Rule 38 for the setting aside of a consent order or decree on grounds of fraud, misrepresentation, fundamental mistake, collusion, illegality, or misapprehension of a material fact.<\/p>\n\n\n\n

                    \n
                  • Mediator’s Report<\/strong><\/li>\n<\/ul>\n\n\n\n

                    Regardless of the outcome, Rule 15 of the 2013 Rules requires the mediator to submit a report of the mediation to the Registrar, Magistrate, or responsible officer within ten days of concluding the mediation sessions. The 2026 Rules under Rule 34 retain this obligation but reduce the timeline to seven days<\/strong> from the conclusion of mediation, reflecting the emphasis on expedition under the new rules.<\/p>\n\n\n\n

                      \n
                    • No Appeal<\/strong><\/li>\n<\/ul>\n\n\n\n

                      Rule 17 of the 2013 Rules provides that no appeal lies against any order granted under the Rules, except as part of a general appeal at the conclusion of the civil action to which the mediation relates, thereby preserving the finality and integrity of the mediation outcome. The 2026 Rules depart from this position by introducing Rule 38, which provides a specific mechanism for setting aside an order or decree arising from a mediation settlement agreement by application to the court that issued it, supported by an affidavit, on the prescribed grounds, thereby striking a balance between finality and the interests of justice.<\/p>\n\n\n\n

                      Who Can Be a Mediator<\/strong><\/p>\n\n\n\n

                      Under Rule 9 of the 2013 Rules, mediation may only be conducted by a Judge, Registrar, Magistrate, a person accredited as a mediator by the court, a person certified as a mediator by CADER, or a person with relevant qualifications and experience chosen by the parties. Where parties choose their own mediator under Rule 9(2), the responsibility of paying that mediator’s fees falls entirely on the parties. The 2026 Rules under Rule 12 retain these categories while placing greater emphasis on court accredited mediators and introducing a formal accreditation procedure under Rule 7, which unfolds as follows:<\/p>\n\n\n\n

                        \n
                      1. Application<\/strong>: The applicant submits an application to the Chief Justice through the Chief Registrar using Form 1 set out in Schedule 1 to the Rules.<\/li>\n\n\n\n
                      2. Forwarding to Committee<\/strong>: The Chief Registrar forwards the application to the Case Management Committee for consideration and recommendation.<\/li>\n\n\n\n
                      3. Eligibility Assessment<\/strong>: The Committee assesses whether the applicant meets the fundamental requirement of being a person of high moral character and proven integrity, without which no recommendation can be made.<\/li>\n\n\n\n
                      4. Recommendation<\/strong>: The Committee makes its recommendation to the Chief Justice.<\/li>\n\n\n\n
                      5. Decision by Chief Justice<\/strong>: The Chief Justice either accredits and registers the applicant, or rejects the application and communicates the reasons for rejection to the applicant.<\/li>\n\n\n\n
                      6. Issuance of Certificate<\/strong>: Where accreditation is granted, the Chief Justice issues an accreditation certificate to the successful applicant.<\/li>\n\n\n\n
                      7. Registration<\/strong>: The Chief Registrar registers the accredited mediator and maintains an up-to-date register published on the official Judiciary website.<\/li>\n<\/ol>\n\n\n\n

                        It is important to note that the entire accreditation process must be concluded within thirty days<\/strong> from the date of receipt of a complete application. Additionally, under Rule 39 of the 2026 Rules, court accredited mediators are remunerated by the court for each concluded case in accordance with guidelines issued by the Chief Justice, and parties to court annexed mediation are expressly prohibited from paying fees directly to the mediator.<\/p>\n\n\n\n

                        Conclusion<\/strong><\/p>\n\n\n\n

                        Mediation has firmly established itself as an indispensable mechanism for dispute resolution within Uganda’s justice system, offering parties a faster, more cost-effective, and less adversarial alternative to conventional litigation. The transition from the Judicature (Mediation) Rules, 2013 to the Judicature (Court Annexed Mediation) Rules, 2026 reflects a deliberate effort by the Judiciary to strengthen and modernize the mediation framework. While the 2013 Rules laid a commendable foundation by establishing the core principles and basic procedures governing mediation, the 2026 Rules build significantly upon that foundation by introducing formal accreditation procedures, expanded confidentiality protections, appellate mediation, virtual proceedings, and clearer enforcement mechanisms. Ultimately, the effectiveness of mediation rests not on rules alone, but equally on the integrity of mediators, the good faith of parties, and the Judiciary’s continued commitment to promoting mediation as a viable and accessible avenue for the resolution of civil disputes in Uganda.<\/p>\n","protected":false},"excerpt":{"rendered":"

                        Rule 3 of the 2013 Rules defines mediation as the process by which a neutral third person facilitates communication between parties to a dispute and assists them in reaching a mutually agreed resolution. The 2026 Rules under Rule 4 retain this definition, describing mediation as a non-adversarial process in which a mediator encourages and facilitates […]<\/p>\n","protected":false},"author":3,"featured_media":219,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-198","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-insight"],"_links":{"self":[{"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/posts\/198","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/comments?post=198"}],"version-history":[{"count":2,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/posts\/198\/revisions"}],"predecessor-version":[{"id":203,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/posts\/198\/revisions\/203"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/media\/219"}],"wp:attachment":[{"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/media?parent=198"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/categories?post=198"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/otongmichaelfavour.com\/articles\/wp-json\/wp\/v2\/tags?post=198"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}