Land is not just an economic asset, it is a source of identity, security and social status. In Rwanda, land-related disputes remain one of the leading causes of cases brought before the formal justice system.

These conflicts often arise from inheritance claims, boundary disagreements, and disputes over marital property. According to the Judiciary’s Annual Report, a significant portion of civil litigation is directly tied to land-related matters, underscoring the urgent need for more accessible and efficient dispute resolution mechanisms.

While the formal court system remains a critical component of the legal framework, it is often ill-suited for handling land disputes efficiently.

Court proceedings can be lengthy, costly, and adversarial, frequently leading to fractured family relationships, delayed development projects, and diminished public trust in the justice system.

Moreover, the adversarial nature of litigation may deepen divisions within families and communities, especially in cases involving sensitive claims between relatives or neighbors. ADR (Alternative Disputes Resolution) refers to mechanisms for resolving disputes outside of formal court processes. These include mediation, arbitration, negotiation and conciliation.

Compared to litigation, ADR processes are typically faster, less expensive, more flexible, and often better suited to preserving social harmony. In the land sector, where disputes often involve deeply personal or familial stakes, ADR offers a culturally appropriate and restorative form of justice.

Importantly, the use of professional mediators well-trained, impartial third parties can significantly improve the quality and legitimacy of ADR outcomes. Professional mediators bring legal knowledge, facilitation skills, and ethical frameworks that enhance fairness and reduce power imbalances between disputants.

In complex land cases involving overlapping claims or competing documentation, skilled mediators can navigate both legal technicalities and community dynamics to arrive at mutually acceptable solutions.

Rwanda’s land reform program, including the issuance of land titles and the clarification of ownership, has substantially reduced conflicts. Nonetheless, land disputes especially those related to boundaries and ownership resulting from systematic land registration still arise.

Recognizing this, Rwandan legislation has established a structured process for addressing such conflicts administratively. This process is regulated under Article 73 of Law No. 27/2021 of 10/06/2021 governing land in Rwanda, along with Ministerial Order No. 004/MoE/22 of 15/02/2022, outline clear procedures for resolving land boundary and registration disputes.

These processes, mandatory in specific land-related disputes, encourage resolution at the administrative level through structured yet accessible channels. Even where the law mandates administrative procedures, disputants are still encouraged to explore other ADR methods such as mediation with professional mediators before or alongside formal mechanisms.

The benefits are numerous: speedier resolutions, reduced legal costs, privacy, and outcomes that are more acceptable to all parties involved. In land disputes where emotions run high and familial or communal relationships are at stake, professionally facilitated mediation can ensure that parties feel heard and respected, leading to more sustainable agreements.

As Rwanda continues to prioritize good governance, inclusive development and legal empowerment, expanding the use of ADR in the land sector presents a critical opportunity. Legal professionals, community leaders and policymakers should work together to promote ADR awareness, invest in capacity-building and embed ADR in land governance systems.

Empowering communities to resolve disputes amicably not only strengthens the rule of law, it also safeguards land as a shared foundation of identity, dignity, and sustainable development. Professional mediation, as a cornerstone of ADR, offers a powerful tool to transform land disputes into opportunities for consensus, healing, and justice.

By investing in the systems and people who can facilitate fair and inclusive dialogue, Rwanda can continue to lead the region in innovative, community-based legal solutions that balance legal certainty with social cohesion.  By Christine Nyiranshimiyimana, The Times