1.

0 INTRODUCTION
There are several different methods of dispute resolution applied by leaders or administrators
as a management approach. These different methods have been viewed by different scholars/
writers in different ways. Others view them as Alternative Dispute Resolution abbreviated
as ADR. The system of Alternative Dispute Resolution/different methods of dispute
resolution is not entirely new. The section on China in the encyclopedia of commercial
litigation states that the philosophy in the east has always been in favor of a non- contentious
approach to dispute resolution.
Similarly here in Uganda, our traditional rules, elders family heads and opinion leaders have
used an continued to use in formal non contentious approach to resolving disputes. Institutions
like local councils Fida, legal Aid clinics have also used some form of alternative dispute
resolution to resolve disputes that come before them.
Although solemnly used, arbitration as the alternative route was provided for in Ugandas law far
back as the 1930s under the old Arbitration Act (Cap. 55).
The Civil Procedure Act and the Civil Procedure Rules SI 71-1 provide for court directed
arbitration under section 61 and Order 43 respectively but these provisions have rarely been used
even where agreements provide for arbitration.
DEFINITION
Methods of dispute resolution refer to ways having disputes between parties settled. Methods of
dispute resolution is commonly known as Alternative Dispute Resolutions originally abbreviate
as ADR and referring to a range of dispute resolution processes which were alternatives to
traditional litigation in the court system. Overtime, ADR has also came to mean appropriate
Dispute Resolution referring to not just the range of processes but also the selection of the most
appropriate in particular circumstances. Amicable has also been proposed particular ly in the
construction industry to stress the non-adversarial ways that leads to accelerated dispute
resolution in most cases.
Detractors of ADR quite often refer to the acronym as yet Another Dispute Resolution
mechanism, meaning complimentary to litigation.
2.0 JUSTIFICATION AND BENEFITS OF ADR
Although there is continuous debate about the real purpose and justification of different
methods of dispute resolution/ Alternative dispute Resolution, there is now consensus that one of
the goals of different methods of dispute resolution/Alternative Dispute Resolution is to provide
parties locked in a dispute with choices for the effective and efficient resolution of disputes.
To appreciate the benefits of Alternative Dispute Resolution, then it is important to restate what
court room litigation actually does. Court room litigation is in most cases time consuming,
frustrating, extremely stressful and expensive and does not always provide the best of results.
Other Dispute Resolution mechanisms then answers to all these by offering for the settlement of
disputes, flexible and convenient forum, fast settlement at any stage of the dispute including
appeal stage, active involvement of the disputants themselves and meaningfully satisfactory
results. In simple terms, ADR:
- Saves money because it is cost effective.
- Saves time- ADR may be used to resolve disputes at any time as a case is filed in court
including appeals. No regard to legal formalities.
- Offers confidentiality- ADR is strictly confidential and nothing that takes place at the
meditation is admissible in a court of law, should ADR fail to settle the dispute and
parties litigate in court. Section 60 of the Arbitration and Conciliation Act provides for
this confidentiality.
- It is user-friendly and offers more control to disputants to reach amicable settle-the
process of mediation in such that it is the parties themselves who come to agreement.
They make the offer and acceptance and haggle out their own case. They draw the
agreement that they come up to it will be drawn by their mediator for them only if they
specifically request him/her to do so.

Its procedure is cost effective and user friendly. It usually employs/accepts simple
procedures. Under section 19 of the arbitration and free to agree on the procedure to be
followed in the conduct of the proceedings:
Sub section 2, provides that arbitral tribunal may conduct the arbitral tribunal may
conduct the arbitration in the manner it considers appropriate. Under Section 2 of the
Arbitration and Conciliation Act parties are free to agree on the place of arbitration hence
cutting on transport costs.
- Allows flexibility- mediation process is not bogged down by strict compliance with court
rules. The rules applied are simple common senses, logic, equity and rules of trade or
business of parties. A party dissatisfied with the process may apply to the court for
retrial.

Provides finality of solution to disputes when the parties reach an agreement it becomes
a contract that is binding on them, like any other contract. They may reduce the
agreement into writing. They may send it to court to be entered as a consent judgment, if
they so desire. Consent judgment as provided by law is extremely difficult to set aside.