TECHNOLOGY FACILITATED MEDIATION AS A SOLUTION TO CASE BACKLOGS IN RWANDA.

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In Rwanda one of the most preferred ways of resolving disputes is using the courts. Despite that, from the ancient Rwanda, Rwandans used mediation known as Ubwunzi. The mediators were known as Abunzi. Mediation today among the ADR mechanism is used as a way to tackle the issue of case backlogs. Unfortunately, the way mediation is conducted is similar to the traditional way of requiring parties to meet physically. This leads to delays as parties might be in different location. The solution to this can including technology like video meeting and other technology means.

The COVID-19 pandemic transformed mediation by shifting it online. Previously, sessions required long wait times, travel, and a formal, in-person setting. Now, platforms like Zoom allow for more flexible and accessible virtual meetings, eliminating many logistical barriers.[1]

The case backlog in Rwanda has been a persistent challenge, with a notable increase over the years, though recent initiatives have shown some progress in reducing it. In 2019/2020, there were 52,952 cases, which increased to 91,050 in 2022/2023[2], representing a 72% increase. By June 2024[3], the case backlog represented 59% of all pending cases. While this is a decrease from 62% the previous year, the backlog remains a significant issue.

Mediation played a big role in reducing case backlogs. Between 2019-2022, approximately 3,000 cases were settled through mediation of which barely ten per cent had a monetary value of Rwf11.1 billion. This is a result of the Rwandan judiciary further step in legal mediation as a simpler process of alternative dispute resolution. These achievements were enabled by the establishment of the Alternative Dispute Resolution (ADR) policy by the government of Rwanda aimed at reinforcing the judiciary to encourage court-annexed mediation.[4]

Rwanda has made remarkable innovation in justice system by including mediators in the channel of dispute resolution.  On top of that Rwanda made another remarkable innovation by introducing Integrated Electronic Case Management System. The Integrated Electronic Case Management System (IECMS) is a platform in Rwanda that streamlines and digitizes the entire judicial process, from case filing to execution. It connects all relevant institutions within the Justice, Reconciliation, Law, and Order Sector and provides each with a customized interface. IECMS aims to improve justice delivery by reducing delays, improving transparency, and enhancing accountability.

While Rwanda makes efforts to culturalize the non-judicial mechanism of dispute resolution by for instance establishing ADR center. With all these efforts of promoting ADR mechanisms like mediation are put in place, technology use in this process is left out.

In August 2024, Rwanda marked a historic milestone with the inauguration of the Alternative Dispute Resolution (ADR) Center in Kigali. The newly renovated ADR Center provides essential community-focused services such as mediation, conciliation, negotiation, and plea-bargaining, creating an environment where disputes can be resolved outside of the formal court system. This marked a significant step toward reducing court congestion and promoting peaceful conflict resolution.[5]

One of the recommended actions of ADR policy is to develop ADR IT Tools to ensure simple, quick and smart ADR service and support ADR activities management and monitoring among all stakeholders.[6] With support from the European Union, Ministry of Justice (MINIJUST) has developed the Abunzi Management Information System (MIS), which is now nearing completion. The system is designed to collect data on alternative dispute resolution (ADR) cases handled by non-state actors. Prior to its rollout and full implementation, MINIJUST conducted a training session for active civil society organizations (CSOs) involved in ADR. During this session, participants provided feedback to enhance the system, and improvements are currently underway.[7]

While technology tools to manage ADR data cases was developed like the Abunzi Management Information System (MIS), it is crucial to find away mediation process can be done using technology like the electronic court system (E-court). One of the main reasons of using E-court is the reduction of case backlog. Case backlogs have been hindering the delivery of justice and there have been various initiatives to curb it such as mediation, and plea bargaining among others. With the recently launched E-court, there is hope that the issue of backlogs will be addressed.[8] As we experienced e-courts we can also put efforts in having e-mediation by having available technology means to assist in the whole process of mediation. With the already existing advantage of mediation this can be a boost.

Conclusion

Technology-facilitated mediation can effectively address Rwanda’s growing case backlog by enabling remote and efficient dispute resolution. Rwanda has made significant progress in promoting mediation to reduce court case backlogs, drawing from its traditional Ubwunzi practices and supported by new policies, centers, and digital tools. However, mediation still relies heavily on in-person meetings, causing delays. To fully realize the benefits of ADR and technology, Rwanda should adopt e-mediation, using virtual platforms to make the process more efficient, and significantly enhance access to justice and reduce delays.

 


[1] Kendal Enz, Jim Melamed, Technology’s Role in Mediation Through the Years, October 14, 2024. Accessed May 06, 2025, available here

[2]The Republic of Rwanda, the Judiciary, “PERFOMANCE OF THE JUDICIARY DURING THE YEAR 2022-2023”. Accessed Apr 30, 2025, available here

[3] The Republic of Rwanda, the Judiciary, “PERFOMANCE OF THE JUDICIARY DURING THE YEAR 2023-2024”.. accessed Apr 30, 2025, available here

[4] Daniel Sabiiti, Rwanda Makes A Step Further In Legal Mediation System, March 21, 2023. Accessed May 5, 2025 available here

[5]United Nations Rwanda, Rwanda ushers in new era of justice with the inauguration of the ADR Center, 04 November 2024,  accessed Apr 30, 2025 available here

[6] Ministry of Justice Rwanda, ALTERNATIVE DISPUTE RESOLUTION POLICY September, 2022.  accessed May 5, 2025 available here

[7] Ministry of Justice Rwanda, A NEEDS ASSESSMENT STUDY FOR THE STRATEGIC IMPLEMENTATION OF THE ALTERNATIVE DISPUTE RESOLUTION (ADR) POLICY ) FINAL REPORT. accessed May 5, 2025 available here

[8]  Aurore Teta Ufitiwabo, Five things to know about new electronic court system,  February 20, 2023, accessed May 5, 2025 available here

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