Applicability of Alternative Dispute Resolution Mechanisms to Corporate Governance Disputes in Uganda
Abstract:This study explored the prospects of entrenching the mechanisms of alternative disputes resolution as part of strategic management plan in dealing with corporate governance disputes. It identifies the problems associated with court litigations vis-à-vis the potentials offered by ADR in mitigating some of these problems as the main reason behind the growing preference for ADR over litigation. While aligning with the views of other scholars in upholding ADR as a more efficient and effective way of dealing with disputes in general, the study focused on its usefulness in disposing corporate disputes. In acknowledgment of the fact that ADR is governed by an ambitious legal framework guided by a well-thought out policy rationale to deliver efficient, expeditious and cost-effective justice to the commercial community in Uganda, it also underscores the importance of observing fair and ethical standards by lawyers in dealing with clients. It also emphasizes the need for improvements on the negotiating skills of advocates in a way as to ensure favourable settlements that might win the confidence of the public and make the system more attractive. Further, it canvasses that companies should demonstrate serious commitment by way of programmes, structures and policies geared toward ADR as preferred methods of resolving disputes.
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