The Need for Reform towards Comprehensive Legislation on Court Annexed ADR in Ethiopia

Abstract

In spite of various legal reform measures in Ethiopia, delay in the judicial process, predictability and access are still challenges of utmost concern. This article examines whether court annexed ADR can serve as an effective reform measure to lessen these judicial problems. Compared with litigation and private ADR, court annexed ADR‘s institutional merits and procedural advantages –in resolving certain civil suits within reasonable time, less cost and improved fairness– are examined. I argue that settlement of civil disputes through court annexed ADR reduces courts’ caseloads. Such reduction of case load in courts can significantly improve litigation processes and enables courts to resolve other civil suits within reduced time, cost and quality. Moreover, the referral to ADR by courts enables disputants to choose and access dispute resolution methods. However, lack of comprehensive national regulation, inadequate awareness, ineffective administration and execution, are among the potential challenges in the optimal utilization of this dispute resolution tool. It is argued that there is the need for a comprehensive law on court annexed ADR. And subsequently, courts can carefully implement court annexed ADR with the requisite level of competence and diligence to minimize the challenges.