Collaborative Law and Lawyers in Peace Making : A Paradigm Shift in Dispute Settlement

The increased cost of litigation has not decreased the number of lawsuits filed each year. Even the economic recession has not helped. The majority of Ugandans probably have been or will be involved in a law suit at some point in their lives. They will be a party to a breach of contract, mortgage sale, will contest, land dispute, family dispute, or other legal action that requires legal representation. When disputes arise, most people do not realize that they have a choice in the manner in which their dispute is settled, and that there are several alternative dispute resolution procedures that are more efficient and economical than litigation. Collaborative law/practice is novel on the dispute resolution scene in Uganda, and many people are unfamiliar with the mechanics of the process. It is as different from litigation as day is to night. It is also different from other dispute resolution mechanisms like mediation and arbitration. This article will detail effects of litigation, the historical development of collaborative practice, how it operates, whether it is any different from other alternative dispute resolution mechanisms especially mediation and its distinguishing features and the criticism levied on the practice. It will address the benefits of the collaborative law process for parties and lawyers and further look at challenges in applying it in Uganda's context and the need for retooling the mind towards alternative dispute resolution mechanisms. It concludes with how collaborative law aims to become a main method for peacefully resolving legal disputes