Mediators and judicial experts have called for regulations that will formalise mediation as a required stage before a case is referred to courts.

Mediators made that call during their general assembly held on 28 February in Kigali. They explained that the formalization of mediation as an alternative dispute resolution (ADR) mechanism could have significant benefits, including the reduction of the number of cases referred to courts and unnecessary expenses associated with court proceedings.

Sam Rugege, Chairperson of the Court-Annexed Mediators' Advisory Committee, stressed the need for a legal instrument to promote the adoption of mediation before cases reach the courts.

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"Regulations are necessary to ensure that people go through mediation first; otherwise, they will continue to neglect it. This would help them recognise mediators as trained professionals who have studied their field," said Rugege, a former Chief Justice.

"In many cases, they may even realise that the money they would have spent on court proceedings can be saved and used for other needs," he noted.

He added that discussions had taken place with various institutions responsible for such matters, highlighting successful implementations elsewhere.

"A study will be conducted to assess the feasibility of this approach in Rwanda. Based on its findings, a law could be developed to regulate the process," he explained.

Rugege pointed out that minor cases already benefit significantly from mediation, with approximately 90 per cent being resolved before reaching court.

"I don’t see why major cases couldn&039;t follow the same approach. Mediation should not be optional if a case qualifies for it," he argued.

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Rugege also acknowledged potential challenges, including a shortage of professionals to handle all cases through mediation. He suggested that civil cases such as commercial disputes, family matters, inheritance issues, and employment conflicts, could be required to go through mediation first.

"Other types of cases could remain optional, with judges having the discretion to decide which cases should be mediated before proceeding to court.”

Fred Rwihunda, president of a task force responsible for establishing boards to oversee mediators in Rwanda, highlighted the importance of professionalising the practice of mediation.

"Mediation allows people to maintain good relationships after disputes are settled, rather than fostering resentment. It also reduces the burden on courts, as many cases can be resolved through mediation," said Rwihunda, who noted that that in some countries, cases must go through mediation before reaching the courts.

"This system cannot be implemented successfully unless mediators are well organised. We are working on ensuring that professional mediators are properly structured and prepared," he added.

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Rwihunda also pointed out the inefficiencies in the current system, where cases often remain unresolved for a long time, when they might have been resolved if litigants went through mediation.

Mediation already showing positive results

The Minister of Justice, Emmanuel Ugirashebuja, expressed satisfaction with the progress made since the introduction of the Alternative Dispute Resolution (ADR) system, and the establishment of the mediators advisory committee in 2020.

Over the years, efforts have focused on mobilisation and training for aspiring mediators, while the committee has actively engaged with partners across various institutions.

He said mediators played a key role in resolving many disputes, with cases handled increasing from 700 in 2018 to about 2,200 in 2022.

"This has saved the government a substantial amount that would have otherwise been spent on court proceedings," he noted.

"By resolving 2,199 cases through mediation, we not only saved significant resources but also ensured that disputes were settled in the shortest time possible. More importantly, those involved were able to maintain good relationships.”

"The latest report shows that over a six-month period, 1,300 cases were resolved through mediation. We hope that by the end of the year, many more cases will be settled."

According to the Supreme Court, there are 422 registered court mediators across the country.