Alternative dispute resolution means will foster cohesive communities
Thursday, September 29, 2022

Government has recently embarked on efforts aimed at encouraging Rwandans to prioritize amicable dispute resolution over using the conventional justice system.

Among the measures include the policy on alternative justice mechanisms, which was passed recently by cabinet, and will provide a framework that will guide a raft of reforms to accommodate out-of-court settlement of dispute.

Already, these mechanisms are in force, including the community conciliators, famously called Abunzi who for years have been key in settling civil disputes in communities.

Also, we have the arbitrators who are being used in settling business disputes among business entities or individuals, while, recently, the judiciary embarked on accrediting professional mediators, who will also do the same.

The rationale for this is to not only reduce backlog in the courts, but most importantly, to help build cohesive communities because, through such you often-times than not find a win-win resolution. This you will not find in ordinary courts, where there will be a winner and a loser.

Needless to say, these means are also mostly cheaper when compared to the courts.

The policy will therefore ensure these work better and are more trusted by the population and are able to work seamlessly such that at least, the vast majority of commercial, administrative, civil and labour-related cases are adjudicated through these three mechanisms.

However, it is one thing to have the legal framework, and another to have people embracing such available means through which to resolve disputes to ensure they get justice faster and in an equitable manner.

As a community, we are not short of examples on how these unconventional judicial mechanisms have been with us in the post-genocide era, and with enormous results.

An example is the Gacaca semi-traditional court system which within less than ten years accomplished what could have taken classical courts over 100 years. The Gacaca courts within this record time heard and ruled on close to 2 million cases related to the Genocide against the Tutsi.

The Gacaca courts, which are now considered a benchmark for post-conflict communities around the world, have also been crucial in fostering unity, reconciliation and national healing.