Judicature (Mediation) Rules, 2013
Statutory Instrument 10 of 2013
- Published in Uganda Gazette 13 on 15 March 2013
- Assented to on 1 February 2013
- Commenced on 15 March 2013
- [This is the version of this document from 15 March 2013.]
1. TitleThese Rules may be cited as the Judicature (Mediation) Rules, 2013.
2. ApplicationThese Rules apply to all civil actions filed in or referred to the High Court and any subordinate to the High Court.
3. InterpretationIn 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.
4. Reference to mediation
5. Case summary
6. Mediator may request additional informationWhere 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.
7. Notification to parties of mediation
8. Time limits for conclusion of mediation
10. Failure of mediation conducted by Judge, registrar or magistrateWhere 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.
11. Role of registrar or magistrate responsible for mediationThe registrar, magistrate or authorised court officer responsible for mediation in a court shall make arrangements necessary for mediation including—
12. Participation of children and other persons in mediation
13. Suspension of mediation
14. Failure of party to attend and costs
15. Report of mediator
16. Agreement resolving part or all issues of dispute
17. No appeal from orders under these RulesThere 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.
19. Adherence to guidelines for mediatorsA person who conducts mediation under these Rules shall adhere to the guidelines for mediators set out in Schedule 2.
21. Monitoring and evaluation committee
22. Duties of committeeThe committee shall have the following duties—
23. Revocation of SI No 55 of 2007The Judicature (Commercial Court Division) (Mediation) Rules, 2007, SI No. 55 of 2007, are revoked.
History of this document
15 March 2013 this version
01 February 2013