As Rwanda continues to promote faster and more accessible justice, Alternative Dispute Resolution (ADR) mechanisms are increasingly being positioned as viable alternatives to lengthy court processes. The emphasis on ADR has gained renewed attention following a series of consultative meetings led by the Chief Justice with stakeholders from various sectors, including bankers, microfinance institutions, insurers, and private sector representatives, among other sectors. During these engagements, stakeholders were encouraged to embrace ADR where appropriate before resorting to litigation. According to Harrison Mutabazi, the Judiciary spokesperson, Rwanda currently has about 650 accredited mediators. “We have about 650 mediators who are accredited. In total, nearly 800 people have received the mandatory 40-hour mediation training certification,” Mutabazi said. Who can conduct ADR? Mutabazi explained that the country has several ADR mechanisms, each involving different categories of practitioners. “We have court-annexed mediation, plea bargaining, and victim-offender mediation. We also have reconciliation conducted through Abunzi,” he said. For court-annexed mediation, judges, court registrars, and accredited mediators are authorised to facilitate the process. “This type of mediation applies to cases that are already before the courts. It is mainly conducted by judges, registrars, and accredited mediators who possess basic knowledge of mediation,” he noted. In victim-offender mediation, judges, registrars and accredited mediators can all participate in facilitating dialogue between the parties involved. Investigators also play a role in some instances. “Rwanda Investigation Bureau can conduct victim-offender mediation at the investigation stage. This means investigators can also facilitate mediation in certain circumstances,” Mutabazi said. Regarding plea-bargaining, prosecutors take the lead in facilitating negotiations, given the nature of criminal proceedings. ADR can happen at almost any stage One of the strengths of ADR, according to Mutabazi, is its flexibility. “Mediation can be employed at virtually any stage of a dispute before a final ruling is delivered,” he said. This means parties can engage in mediation before hearings commence, during proceedings, or even while implementing court judgments. During the execution of a judgment, parties can still agree, through mediation, on issues such as payment arrangements or how the judgment should be enforced, he added. ADR mechanisms in civil matters can also be utilised across all court levels, from primary courts to the Supreme Court. However, Mutabazi clarified that Supreme Court judges typically do not conduct mediation themselves. “Because Supreme Court judges usually sit as a panel, they refer matters requiring mediation to registrars or accredited mediators instead,” he explained. At lower court levels, judges may mediate cases assigned to them. If mediation efforts fail, however, the judges cannot later preside over the substantive hearing of the same case. “They must step aside and allow another judge to hear the matter to preserve neutrality and impartiality,” Mutabazi said. Safeguarding confidentiality Confidentiality remains one of ADR's defining features. Mutabazi emphasised that information disclosed during mediation cannot later be introduced as evidence in court proceedings if mediation does not result in an agreement. “If a case proceeds to litigation after unsuccessful mediation, statements, confessions, or evidence shared during the ADR process cannot be used in court,” he said. This safeguard, he noted, helps preserve trust and encourages open dialogue among parties seeking amicable resolutions. Expanding ADR centres Currently, the ADR Centre in Nyamirambo, Kigali, remains the country's only operational centre dedicated specifically to ADR services. However, expansion plans are underway. “Another centre is expected to open in Nyanza soon, with additional centres planned for other regions of the country,” Mutabazi said. The goal is to improve accessibility so that citizens across Rwanda can benefit from ADR services without travelling long distances. Mediators come from diverse backgrounds Accredited mediators do not need to possess law degrees. “We have engineers, bankers, teachers, pastors, and professionals from various sectors who serve as mediators,” Mutabazi said. Although lawyers are the majority of accredited mediators due to their frequent involvement in disputes, mediation training remains open to individuals from different professional backgrounds. “A good mediator is often someone who understands the field in which the dispute arises. A journalist, for example, may be well suited to mediate disputes involving media professionals because they understand the context,” he explained. The only requirement is completion of the 40-hour mediation training programme and subsequent accreditation. Meanwhile, Mutabazi clarified that Abunzi mediators operate under a separate framework and are not included among the judiciary's accredited mediators.
