New lawyers urged to prioritize alternative dispute resolution
Saturday, December 14, 2024
New advocates take oath during their swearing-in ceremony on December 13. Courtesy

One hundred newly admitted advocates were urged to prioritize alternative dispute resolution (ADR) methods in their practice, during their swearing-in ceremony on December 13.

ALSO READ: Rwanda saved over Rwf7bn through alternative dispute resolution in 2023

While welcoming them, Moise Nkundabarashi, the President of Rwanda Bar Association, emphasised the importance of alternative dispute resolution as a practical and efficient means of resolving conflicts outside the courtroom.

He stressed the role of lawyers in upholding the rights of Rwandans, noting that the increasing number of advocates will contribute to greater access to justice.

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He encouraged the newly admitted members to diversify their practice by embracing ADR.

"It’s a pleasure for us to have 100 people joining, and we believe this is going to ease access to justice and legal counsel for people seeking to resolve disputes,” he said.

"Litigation has been ongoing for years, and it won’t stop, but it’s ideal if people use alternative dispute resolution because it resolves disputes quicker."

Nkundabarashi highlighted the benefits of ADR not only for clients but also for lawyers, who can earn fees in a shorter time frame. He dismissed concerns that focusing on mediation or arbitration might limit job opportunities for lawyers, asserting that it could, in fact, increase them.

"The work of lawyers is diversified. It’s not only about litigation," he explained.

"For those who are going into alternative dispute resolution, they are actually increasing their opportunities. We encourage them to upskill and ensure that the knowledge they have in ADR is improved and diversified. The most paying option now is ADR, and it brings several advantages rather than focusing solely on litigation."

Recent statistics from courts also underscore the growing influence of ADR methods in Rwanda. In the 2023/2024 period alone, over 12,000 cases were resolved through ADR mechanisms, resulting in estimated savings of Rwf7.5 billion. This shift reflects a broader mindset toward resolving disputes outside of lengthy court procedures.

ALSO READ: Over Rwf10bn saved through mediation mechanisms

He also encouraged lawyers to continue training to ensure they remain equipped with the necessary skills to effectively serve their clients, especially in a country increasingly adopting ADR as a preferred method of conflict resolution.

The push for mediation and other non-litigation methods stems from a desire to create a safer society, where disputes are resolved faster and without the long delays often experienced in court, he emphasised.

"We urge you to work on this strategy, and we hope without any doubt that it will be productive.”

Jean Pierre Habarurema, the President of the High Court, emphasized that the most effective way to resolve disputes is not through litigation but through alternative methods such as mediation and plea bargaining.

"This approach will help reduce the number of cases that reach the courts, while promoting mediation as a preferred model over litigation," he said.

He also urged advocates to avoid unjustifiably suspending cases, sometimes using fraudulent documents. Habarurema warned that there have been instances where lawyers have delayed cases without valid reasons, leading to court sanctions.

"Fines have been imposed for such misconduct. For an ordinary person who suspends a case without cause, the penalty ranges from Rwf20,000 to Rwf100,000. However, for an advocate, the fine can be between Rwf200,000 and Rwf500,000. We don’t want you to lose the hard-earned money you have worked for by paying unnecessary fines. Avoid making these mistakes."

Habarurema advised advocates to perform their duties diligently, and avoiding corruption, which he noted can tarnish the reputation of the justice sector if left unchecked.

ALSO READ: Over 50 discharged from judiciary over corruption related offenses in 18 years

"We hope that the association will continue to support you by providing essential training," he added, stressing that the newly admitted advocates are expected to enhance the justice system by maintaining professional standards.

"We trust that you will work with integrity, deliver fair justice, and uphold the laws you swore to respect."

Rosette Mutoniwase, who recently graduated with a Master’s degree in Regional Integration and ES Law from the University of Dar es Salaam, was lecturing at East African University Rwanda before joining the Bar.

"I’m happy to have joined the Bar Association today,” she said.

"Even though we can use litigation, as we know, coming to court is a long process. But when we use mediation, it can be short, and then people get what they want without even going through the court system."

Elvis Kwizera, who holds bachelor's degree in law with honors from the University of Lay Adventists of Kigali and a postgraduate diploma from the Institute of Legal Practice and Development (ILPD), said he was "excited and honoured to put to work my skills in legal practice and advancing the justice system in Rwanda.”

He emphasized the importance of bringing a different perspective and fresh approach to the legal profession.

In today’s fast-paced world, where technology is increasingly intertwined with law, he said, his intention is "to use both to drive positive change in our legal landscape.”