Judicature (Mediation) Rules, 2013

Section 1. Title Section These Rules may be cited as the Judicature (Mediation) Rules, 2013.

Section 10. Failure ofmediationconducted by Judge,registrarormagistrate Section Where a judge, registrar or magistrate acts as a mediator under these Rules and the mediation is unsuccessful, the judge, magistrate or registrar shall immediately cease to take part in any further proceedings relating to that civil action .

Section 11. Role ofregistrarormagistrateresponsible formediation Section setting dates for mediation hearings;

Section 12. Participation of children and other persons inmediation Section 12(1) A child or any other person having an interest in mediation may, with the consent of the parties, participate in that mediation . Section 12(2) Where the parties do not consent to having the child or other party participate in mediation , the mediator may, where he or she considers it fit, meet with the child or other party. Section 12(3) The mediator may determine how mediation is to be conducted but where the mediation involves a child the mediator shall ensure that the mediation is conducted in a manner that considers the health, safety, welfare and the best interest of the child. Section 12(4) For the purposes of subrule (3) best interests of the child shall be ascertained in accordance with the principles set out in the First Schedule to the Children Act

Section 13. Suspension ofmediation Section 13(1) Where an allegation of child abuse, child neglect, domestic violence or any kind of criminal conduct is made in mediation the mediator shall report the allegation to the court for appropriate action. Section 13(2) The mediator may, in addition to reporting the allegation of child abuse, child neglect or criminal conduct under subrule (1), suspend the mediation where he or she considers it fit. Section 13(3) A mediator shall not suspend mediation under subrule (2) if there are other issues for mediation other than the allegation of child abuse, child neglect or criminal conduct.

Section 14. Failure of party to attend and costs Section 14(1) Where it is not practicable to conduct a scheduled mediation session because a party fails to attend, the mediator may adjourn the mediation session to another date. Section 14(2) Where a party, without good cause, fails to attend a mediation session that party shall pay five currency points to the other party as adjournment costs. Section 14(3) A certificate of the mediator setting out the adjournment costs, in these Rules referred to as the Certificate of Non Attendance, shall be taken to be an order of the court and shall not be subject to appeal except as part of a general appeal at the conclusion of the civil action. Section 14(4) The Certificate of Non Attendance shall be in Form 2 set out in Schedule 1.

Section 15. Report ofmediator Section 15(1) A mediator shall, within ten days after concluding mediation , submit to the registrar , magistrate or responsible officer a report of that mediation . Section 15(2) The Report of the mediator shall be in Form 3 in Schedule 1.

Section 16. Agreement resolving part or all issues of dispute Section 16(1) Where the parties resolve some or all the issues that are the subject of mediation , the parties shall enter an agreement setting out the issues on which they agree. Section 16(2) The agreement under subrule (1) shall be in writing and signed by the parties. Section 16(3) The agreement shall be filed with the registrar , magistrate or authorised court officer responsible for mediation in the court . Section 16(4) The agreement filed with the registrar , magistrate or authorised court officer responsible for mediation under subrule (3) shall be endorsed by the court as a consent judgment. Section 16(5) Where there is no agreement on all the issues subject to mediation , the mediator shall refer the matter to the court .

Section 17. No appeal from orders under these Rules Section There shall be no appeal to any order granted under these Rules except as part of a general appeal at the conclusion of the civil action in respect of that mediation .

Section 18. Confidentiality Section 18(1) The mediator and the parties to mediation shall treat as confidential information obtained from or about the parties in mediation and shall not disclose that information unless required by law to disclose or the parties give consent in writing to the mediator to disclose. Section 18(2) Subrule (1) does not apply to any information, which would in any case be required to be disclosed in proceedings in the main suit or an application arising out of the suit. Section 18(3) A party to mediation under these rules shall not compel the mediator or employee, officer or representative of CADER to appear as a witness, consultant, or expert in any litigation or other proceedings related to the mediation .

Section 19. Adherence to guidelines for mediators Section A person who conducts mediation under these Rules shall adhere to the guidelines for mediators set out in Schedule 2.

Section 2. Application Section These Rules apply to all civil actions filed in or referred to the High Court and any subordinate to the High Court.

Section 20. Costs Section 20(1) Each party to mediation shall bear its own costs of participation in the mediation under these Rules unless the parties agree otherwise. Section 20(2) For the avoidance of doubt adjournment costs provided for under rule 14 are not to be taken as costs of participation in mediation and the liability to pay adjournment costs is not affected by subrule (1).

Section 21. Monitoring and evaluationcommittee Section 21(1) There is constituted a committee to be known as the monitoring and evaluation committee . Section 21(2) The committee shall consist of the following— Section 21(2)(a) the Principal Judge; Section 21(2)(b) the head of the Civil Division of the High Court; Section 21(2)(c) the head of the Family Division of the High Court; Section 21(2)(d) the head of the Commercial Division of the High Court; Section 21(2)(e) the head of the Land Division of the High Court; Section 21(2)(f) the Chief Registrar or his or her representative; Section 21(2)(g) the Solicitor General or his or her representative; Section 21(2)(h) the President of the Uganda Law Society or his or her representative; Section 21(2)(i) the Executive Director of CADER or his or her representative; Section 21(2)(j) the registrar responsible for mediation ; Section 21(2)(k) a representative of court accredited mediators appointed by the mediators from among their number; and Section 21(2)(l) four Chief Magistrates appointed by the Chief Registrar. Section 21(3) The chairperson of the committee shall be the Principal Judge and in the absence of the Principal Judge, the...

Section 22. Duties ofcommittee Section to monitor and evaluate the performance of mediation ; and

Section 23. Revocation of SI No 55 of 2007 Section The Judicature (Commercial Court Division) (Mediation) Rules, 2007, SI No. 55 of 2007 , are revoked.

Section 3. Interpretation Section In these Rules, unless the context otherwise requires— " authorised court officer " means a person authorised to deal with mediation matters in any court subordinate to the High Court; " CADER " means the Center for Arbitration and Dispute Resolution established under the Arbitration and Conciliation Act; " civil action " means a civil proceeding commenced in any manner prescribed but does not include a civil action commenced under the Judicature (Small Claims Procedure) Rules, 2011; " committee " means the monitoring and evaluation committee constituted under rule 21; " court " means a court exercising civil jurisdiction; " currency point " means twenty thousand shillings; " mediation " means the process by which a neutral third person facilitates communication between parties to a dispute and assists them in reaching a mutually agreed resolution of the dispute; " mediator " is a person eligible to conduct mediation under these Rules; " registrar " includes a deputy registrar, assistant registrar or district registrar; " magistrate " includes a Chief magistrate, magistrate Grade I and a magistrate Grade II.

Section 4. Reference tomediation Section 4(1) The court shall refer every civil action for mediation before proceeding for trial. Section 4(2) Where a civil action has a question of law which may dispose of the civil action the registrar or authorised court officer shall refer the civil action to a Judge or Magistrate, whichever applies, for determination.

Section 5. Case summary Section 5(1) A party to a civil action shall file a case summary. Section 5(2) The case summary shall be filed with the court at the time of filing pleadings Section 5(3) A case summary shall include the following— Section 5(3)(a) the names of the parties; Section 5(3)(b) the address of the parties including postal, fax, telephone and email addresses; Section 5(3)(c) the facts giving rise to the civil action and the defence to the facts; Section 5(3)(d) the name and address of the advocate of the party, if any; Section 5(3)(e) the person with full authority to sign a settlement; Section 5(3)(f) the name of the person who will be the lead negotiator for the party; Section 5(3)(g) the name of the proposed mediator , if any; and Section 5(3)(h) the documents that the parties intend to rely on at the mediation . Section 5(4) The court shall ensure that all parties comply with subrule (3).

Section 6. Mediator may request additional information Section Where the mediator is of the opinion that any information in the possession of a party to the mediation may facilitate the reaching of a settlement the mediator may request that party to disclose that information in confidence to the mediator .

Section 7. Notification to parties ofmediation Section 7(1) The court shall, within fourteen days after pleadings are complete, notify the parties of the commencement date of the mediation sessions. Section 7(2) The notice under subrule (1) shall be Form 1 set out in Schedule 1.

Section 8. Time limits for conclusion ofmediation Section 8(1) A civil action referred to mediation under these Rules shall be concluded within sixty days after the mediator commences mediation . Section 8(2) Notwithstanding subrule (1) the parties may where there is a likelihood of settlement of the civil action agree to an extension of time not exceeding ten days.

Section 9. Mediators Section 9(1) Mediation under these rules may only be conducted by— Section 9(1)(a) a Judge; Section 9(1)(b) a registrar ; Section 9(1)(c) a magistrate ; Section 9(1)(d) a person accredited as a mediator by the court ; Section 9(1)(e) a person certified as a mediator by CADER ; or Section 9(1)(f) a person with the relevant qualifications and experience in mediation and chosen by the parties. Section 9(2) Where a person is chosen as a mediator by the parties under subrule (1) (f), it shall be the responsibility of the parties to pay the fees of that mediator .