The Family Division of the High Court is intensifying its commitment to tackling a significant backlog, with the Head of Division, Justice John Eudes Keitirima, stating that a full embrace of mediation could resolve up to 70% of the court's caseload.
Justice Keitirima made the announcement during a Stakeholders' and Court Users' Meeting, an engagement held to review case management progress and strengthen collaboration in the administration of family justice.
Mediation is Key to Backlog Reduction
During his remarks, Justice Keitirima reiterated the Division's commitment to drastically reducing both backlog cases (pending over two years) and critical backlog (pending over five years).
Highlighting the importance of alternative dispute resolution, he confirmed that 16 court-accredited mediators are now attached to the Division.
“If we fully embrace mediation, we should be able to resolve up to 70% of our caseload,” Justice Keitirima said.
He urged stakeholders to leverage the quarterly Mediation Fortnights that have been institutionalised to foster efficiency and amicable settlements.
He also advised lawyers to guide clients on succession matters to avoid unnecessary litigation, noting that unresolved inheritance issues often lead to prolonged disputes.
Justice Keitirima acknowledged challenges such as delayed judgments and rulings but pledged continuous improvement.
“We do not always get it right, and that is why these meetings are necessary to receive feedback and find solutions together,” he remarked. He appealed to court users to first bring administrative concerns to the Division's leadership for prompt and appropriate handling.
The Judge also announced that two more special sessions would be held this quarter to handle pending matters, though he emphasised that, moving forward, cases would not have to wait for such sessions to be heard.
Addressing allegations of gender bias in divorce cases, Deputy Head of Division, Lady Justice Immaculate Busingye, dismissed such claims.
She explained that, conversely, female petitioners often complain that the courts are too lenient with men. Lady Justice Celia Nagawa concurred, emphasising that the Division applies the law impartially, dispensing justice “without favor to either men or women.”
Registrar HW Sarah Tusiime Barungi, recently elevated to her position, underscored the necessity of proper procedural compliance, urging advocates to strictly follow the rules when filing inventories.
She warned that irregular filings undermine the integrity of court records, stressing the need for collaboration in maintaining accurate documentation, which protects the image of the Family Division and the Judiciary at large.
Mediator Commends Positive Attitude
Retired Supreme Court Justice Augustine Nshimye, now an accredited mediator with the Division, stressed the efficiency of working directly from pleadings during mediation to save time.
He commended advocates for their growing positive attitude toward mediation, noting that while there had been initial reluctance, “cooperation is now strong.”
During the open discussion, Advocate Paul Mukiibi commended the Division for progress made during special sessions but raised concerns about forced mediation in divorce cases, delayed judgments, and the misplacement of original documents, including marriage certificates and wills. He called for improved communication on amendments and case redistribution.