Judicial officers have been urged to adopt a more humane and approachable style when conducting mediation in out-of-court settlement sessions.
Former Uganda Law Society president Francis Gimara said mediation requires a different atmosphere from ordinary court proceedings. He said judges should avoid carrying the full weight of judicial authority into mediation rooms.
Gimara made the remarks on Monday during a training workshop for judicial officers on the effective handling of land matters.
The training comes ahead of a two-week mediation exercise by the Land Division of the High Court. The exercise seeks to resolve about 500 land disputes through alternative dispute resolution.
Judges Told to Lower Barriers in Mediation
Gimara said some judges allow their office to define how they interact with litigants and lawyers.
“There is one thing also: when you become a judge, I say this with a lot of respect, some judges lose the humanity bit of it. The judgeship defines who they are. Everything is: ‘I’m a judge,’ and you rub it in our faces, and we are reminded all the time, and we respect that, and our protocol to training respects that,” Mr Gimara said.
He added that mediation works better when judicial officers create a less intimidating environment.
“But we would like you to move from that way of leadership. We are reminding judges that when you go into the mediation room, forget you are a judge; humanise yourself,” he said.
His remarks prompted discussion among the participating judges.
Justice Christine Kaahwa asked how far judges should go in lowering barriers between themselves and parties during mediation.
“How far can you lower yourself as a judge because you might overdo it and the public starts to familiarise you, which is not good?” Justice Kaahwa asked.
In response, Gimara said judicial officers should remain approachable without losing the dignity of their office.
“There are things to avoid. Servant leaders share power unlike traditional leaders,” he said.
He added that judges should set personal boundaries while embracing a more collaborative leadership style during mediation.
Justice Olive Kazaarwe also sought guidance on how female mediators should conduct themselves, especially during menopause, which she noted can sometimes come with mood swings that may affect interactions with parties.
Judiciary Faces Large Land Case Backlog
Justice Prof. Andrew Khaukha, the Executive Director of the Judicial Training Institute, said mediation remains important in reducing case backlog.
Citing the Judiciary’s Annual Performance Report for the 2024/2025 financial year, Justice Khaukha said courts have about 190,000 pending cases.
He said around 35,000 of those cases are land-related disputes. About 8,600 land matters are pending before the High Court’s Land Division.
“Assuming the judiciary has all the money and everything is in place, and we make an assumption that a case is concluded every day, which is impossible, it will take us over 8,000 days to conclude the cases at the division,” Justice Khaukha said.
The Land Division hopes the planned mediation exercise will help parties resolve disputes faster and reduce pressure on the court system.
Judicial Officers Trained on Forensic Evidence
Meanwhile, selected judicial officers also attended a separate training on handling criminal matters.
Justice Mike Chibita, the chairperson of the Governing Council of the Judicial Training Institute, said forensic science has become increasingly important in criminal adjudication.
“My Lords and Your Worships, we expect that at the end of this training you will have a functional understanding of forensic science. You will not become scientists. But you must understand what fingerprint identification, DNA analysis, computer forensics, and toxicology reports can and cannot tell you,” Justice Chibita said.
He said the training would expose judicial officers to practical demonstrations of forensic tools and techniques.
Justice Chibita also urged judges and magistrates to improve their understanding of digital evidence. He warned that traditional approaches to electronic exhibits are no longer enough.
“Printing a screenshot of a messaging application and tendering it as an exhibit is no longer adequate. You must understand metadata, the chain of custody for electronic evidence, and the applicable admissibility standards under Ugandan law,” he said.
The trainings form part of wider Judiciary efforts to strengthen the capacity of judicial officers.
They also seek to improve efficiency in the handling of complex land and criminal cases.
