ISLAMIC UNIVERSITY IN UGANDA

KAMPALA CAMPUS F
ACILTY OF LAW
LLB IV ADR TEST
NAME: ARINEITWE SHIVAN

REG NO: 219-053012-12197

QUESTION 1

The main causes of conflict which include;

Values conflicts: These are created when people have perceived or actual incompatible belief systems.
Where a person or group tries to impose its values on others or claims exclusive right to a set of values,
disputes arise.

While values may be non-negotiable, they can be discussed and people can learn to live peacefully and
coherently alongside each other.

Interest conflicts: These are caused by competition over perceived or actual incompatible needs. Such
conflicts may occur over issues of money, resources, or time. Parties often mistakenly believe that in
order to satisfy their own needs, those of their opponent must be sacrificed.

A mediator can help identify ways to dovetail interests and create opportunities for mutual gain.

Relationship conflicts: These occur when there are misperceptions, strong negative emotions, or poor
communication. One person may distrust the other and believe that the other person’s actions are
motivated by malice or an intent to harm the other.

Relationship conflicts may be addressed by allowing each person uninterrupted time to talk through the
issues and respond to the other person’s concerns.

Regardless of the cause of conflict, an experienced mediator can help parties shift their focus from
fighting to resolution. Since they are necessarily unbiased, neutrals create an environment where parties
can trust the process and work toward a solution.

Modern legal practice dictates that dispute capable of being settled without recourse to court should be
resolved through alternative dispute resolution mechanisms.

Alternative Dispute Resolution refers to processes for resolving disputes other than litigation.

The distinction between the various types of dispute resolution processes, they can be arranged from
the perspective of the level of control the disputants have over the process. The more formal they get,
the less control the parties have. In other words, Alternative Dispute Resolution (ADR) refers to any
process designed to resolve disputes that does not involve going to Court. The modes of ADR include
Arbitration, mediation and Negotiation
(a) ARBITRATION: Arbitration is a process in which a third party neutral or an odd numbered panel of
neutral persons render a decision on the merits of a case.

(b) NEGOTIATION: Negotiation is any form of communication between two or more people for the
purpose of arriving at a mutually agreeable solution. In a negotiation the disputants may represent
themselves or they may be represented by agents and whatever the case, whether they are represented
or not represented, they have control over the negotiation process. When attempts are made to settle
matters out of Court involves negotiations.

(c) MEDIATION: Mediation is a non – binding process in which an impartial third party facilitates the
negotiations process between the disputes and it is that impartial third party who is called the mediator.
The mediator has no decision-making power, he has no decision-making power and the parties maintain
the control over the substantive outcome of the mediation.

The above ADR methods have proven to be of advantageous in s resolving legal problems other than
using force or power due to the following reasons;

Speed: The biggest advantage of ADR over the current court systems is the fact that, court trials take a
lot of time where the ADR process is swift. It takes less time to reach a final decision.

Cost: The cost side of ADR was the fact that encourages parties to take up ADR on the first place. The
court trials involve many lengthy procedures which are both time consuming and costly. This affects both
the parties, but in ADR the expenses are kept down, attorney and Expert evidences are costly. The wait
in the court and the lengthy procedures drive the costs of justice very high. But ADR offers the benefit of
getting the issue resolved quicker and cheaper than court trials that means money is spent less on both
the sides

Accessibility: This alternative method to dispute resolution is more informal than court proceedings,
without complicated rules of evidence and the adversarial nature. The adversarial process this process
can therefore be less intimidating and less stressful.

Expertise Involved: The parties involved in the dispute can have their dispute arbitrated or mediated by
a person who is an expert in the relevant field. In an ordinary trial problem involving technical
knowledge or procedures that many people cannot understand can make a trial go on for a long time.
Also, the calling of expert evidence on the basis of providing the necessary information to the judge can
cost a lot of money. Not to mention the time spent educating and explaining the judge and the jury
about the complex and detailed points of fact that are involved. But if the mediator or arbitrator has a
background on the relevant field, it will take a lot less time and money and the parties can easily jump to
the core of the subject to easily and swiftly put an end to their discord.

Conciliation of the Parties ADR allows the conciliation of the parties to take place and help negate future
disputes amongst the involving parties. A very good example is the family disputes.

ADR allows both the parties to have an amicable settlement on an equal footing and retain family
relationships. This takes place nowhere more than in divorce cases or in the child custody cases