Mediation

Mediation in Rwanda

Mediation is strongly encouraged in Rwanda's legal system as a means of reducing court backlogs and promoting amicable dispute resolution.

Legal Framework

Law N° 010/2018 governs mediation in civil, commercial, labor, and administrative matters.

Types of Mediation

1. Court-Annexed Mediation

Referred by courts before trial

Free of charge

Mandatory attempt for some cases

2. Private Mediation

Parties choose mediator

Contractual basis

Fees negotiated

3. Institutional Mediation

Through mediation centers

Kigali International Arbitration Centre (KIAC)

Sector-specific bodies

Mediation Process

1. Referral/Agreement: Parties agree to mediate

Mediator Selection: Neutral party chosen

Opening Session: Ground rules established

Information Gathering: Each party presents position

Issue Identification: Problems defined

Option Generation: Possible solutions explored

Negotiation: Parties negotiate terms

Agreement: Written settlement if reached

Matters Suitable for Mediation

- Commercial disputes

Employment conflicts

Family matters (non-custody aspects)

Land disputes

Contract disagreements

Community conflicts

Matters Excluded

- Criminal matters

Matters of public order

Non-negotiable rights

Cases involving fraud

Benefits

- Faster than litigation

Cost-effective

Confidential

Preserves relationships

Party control over outcome

Enforcement

Mediated agreements:

Binding between parties

Can be homologated by court

Then enforceable as court judgment

Relevant Legislation

Law N° 010/2018 on mediation

Law N° 005/2018 on arbitration