I. Background

In September 2022, the Government of Rwanda adopted the Alternative Dispute Resolution (ADR) and Criminal Justice (CJ) policies. These policies represent a significant shift from institution-centered justice to a people-centered, coordinated, evidence-based, human rights-based approach, and problem-solving justice system. They establish a common vision for a justice sector that is accessible, efficient, restorative, coordinated, and responsive to the needs of citizens.

Since their adoption, the Legal Aid Forum (LAF), has worked in close partnership with the Ministry of Justice, the Judiciary and other justice sector stakeholders, to support their effective implementation through practical, evidence-based interventions. These efforts have included contributing to the conceptualization, establishment, and continued operationalization of the ADR Centre; collaborating with the Ministry of Justice to promote public awareness and uptake of alternative dispute resolution as an accessible and effective mechanism for resolving disputes; partnering with the Judiciary to support the effective rollout of plea bargaining; providing mediation services; strengthening the capacities of justice sector actors; and contributing to policy-informed legal and institutional reforms aimed at enhancing access to justice.

On 28th and 29th July 2026, LAF convened stakeholders from the Justice, Reconciliation, Law and Order Sector (JRLOS) to review progress, share best practices, identify implementation challenges, and agree on priority actions to strengthen implementation of the two policies.

Insights from the discussions informed the identification of key implementation challenges and guided the formulation of practical recommendations aimed at strengthening coordinated implementation of the Criminal Justice and the ADR Policies.

II. Key Challenges Identified

Following presentations, panel discussions and plenary reflections, participants identified the following key challenges affecting implementation of the ADR and CJ policies.

1. Delays in legislative reforms
   Several policy actions from both policies depend on amendments to existing legislation and the enactment of new legal frameworks. Participants noted that reforms, especially those relating to ADR legislation, mandatory pre-filing mediation, recognition of mediation outcomes and broader ADR mechanisms remain under development, delaying implementation of important policy actions.
2. Limited institutional coordination and integrated data systems
   Although institutions have made significant progress individually, coordination across implementing institutions remains insufficient. Participants observed that data on ADR interventions, particularly mediation conducted outside formal justice institutions remain fragmented. The absence of interconnected information management systems limits evidence-based planning, monitoring and reporting.
3. Limited public awareness and persistent retributive mindsets
   Despite increasing uptake of ADR mechanisms, many citizens and justice users continue to perceive formal litigation as the primary avenue for dispute resolution. Limited public awareness of mediation, victim-offender mediation and plea bargaining, coupled with deeply rooted retributive attitudes, continues to affect utilization of restorative justice mechanisms.
4. Capacity gaps among justice sector actors
   Participants emphasized that mediation is a specialized skill requiring continuous professional development. While significant training has been conducted, further capacity building is required for investigators, prosecutors, judges, lawyers, mediators and community actors, particularly on victim-centered approaches, gender-sensitive mediation, trauma-informed practice and specialized mediation techniques.
5. Inadequate financing for implementation
   Limited financial resources continue to affect implementation of several policy actions, including public awareness campaigns, capacity building, digitalization initiatives, community outreach and institutional reforms. Civil society organizations supporting implementation also face funding constraints.
6. Incomplete utilization of private mediation services
   Although Rwanda has accredited a growing number of professional mediators, private mediation remains underutilized. Limited public awareness, absence of comprehensive data on private mediation and insufficient integration of accredited mediators into the justice system continue to constrain expansion of mediation services.
7. Challenges in rehabilitation and reintegration of offenders
   Participants noted that while rehabilitation programmes within correctional facilities have expanded considerably, successful reintegration into communities remains challenging due to stigma against former inmates, limited community support mechanisms and inadequate post-release coordination among relevant institutions.
8. Gender and vulnerability concerns in mediation
   Stakeholders highlighted that unequal bargaining power, social norms and economic vulnerabilities may undermine meaningful participation of women and other vulnerable groups during mediation processes. Continued investment in gender-sensitive and trauma-informed mediation approaches remains necessary.
9. Limited consideration of arbitration and adjudication
   While implementation of the ADR Policy has largely focused on mediation, participants noted that arbitration and adjudication have received limited attention despite being recognized forms of ADR. Greater emphasis should be placed on integrating these mechanisms into ongoing legal reforms and policy implementation.

III. Recommendations

Following extensive deliberations, participants proposed the following recommendations to strengthen implementation of the Criminal Justice Policy and the ADR Policy.

1. Accelerate implementation of priority legislative and regulatory reforms
   The Government should expedite the enactment and review of laws and regulations required to operationalize the policy actions under the Criminal Justice Policy and the ADR Policy, including the comprehensive ADR legal framework, mandatory pre-filing mediation where appropriate, recognition and enforcement of mediated settlements, and other legislative reforms necessary to institutionalize restorative, people-centred and problem-solving justice.
2. Strengthen institutional coordination and integrated reporting
   Justice institutions should strengthen coordinated implementation of the Criminal Justice and ADR Policies through regular inter-institutional review mechanisms, harmonized implementation reporting, joint planning, and integrated digital information systems that capture implementation data across the entire justice chain, including mediation and other ADR services provided by public and accredited private actors.
3. Promote a people-centred and restorative justice culture
   Implementing institutions should intensify nationwide public education and community engagement to promote the guiding principles of the Criminal Justice and ADR Policies, including restorative justice, mediation, victim-offender dialogue, plea bargaining, diversion, community participation and appropriate dispute resolution, while fostering a gradual shift from adversarial and punitive approaches towards dialogue, reconciliation and problem-solving justice.
4. Institutionalize continuous professional development
   Justice sector institutions should institutionalize continuous professional development for investigators, prosecutors, judges, lawyers, mediators, correctional officers, legal aid providers and community justice actors to strengthen competencies in restorative justice, mediation, diversion, victim-centred justice, trauma-informed practice, gender-responsive approaches and other specialized policy actions.
5. Advance smart justice through integrated digital transformation
   Consistent with the Criminal Justice Policy, implementing institutions should accelerate the development and integration of digital justice systems, including the Integrated Electronic Case Management System (IECMS), ADR information systems and other digital platforms to support case management, evidence-based decision-making, performance monitoring, information sharing and coordinated implementation across the justice sector.
6. Strengthen and professionalize ADR services
   Government and justice sector stakeholders should strengthen the institutionalization and professionalization of ADR by expanding accreditation, specialization and continuous professional development of mediators, promoting quality assurance mechanisms, strengthening utilization of accredited private mediators, and ensuring systematic documentation of mediation, arbitration and adjudication outcomes to support evidence-based policy implementation.
7. Strengthen rehabilitation, reintegration and alternatives to imprisonment
   Implementing institutions should strengthen coordinated offender rehabilitation and social reintegration programmes through enhanced collaboration with local government, civil society, communities and development partners, while expanding the use of diversion, probation, parole, community service and other non-custodial measures consistent with the Policy principle that imprisonment should be a measure of last resort.
8. Mainstream gender-responsive, trauma-informed and victim-centred justice
   Implementing institutions should mainstream gender-responsive, trauma-informed and victim-centred approaches throughout mediation, restorative justice and criminal justice processes by ensuring meaningful participation of women, children and other vulnerable persons, strengthening safeguards against unequal bargaining power, and promoting equitable access to justice consistent with the human rights-based principles of both policies.
9. Mobilize sustainable financing for coordinated implementation
   Government, development partners and implementing institutions should strengthen sustainable financing mechanisms to support coordinated implementation of the Criminal Justice and ADR Policies, including legislative reforms, institutional capacity development, public awareness, digital transformation, research, monitoring and evaluation, community-based justice initiatives and restorative justice programmes.
10. Strengthen monitoring, evaluation and learning
    The Ministry of Justice, in collaboration with JRLOS institutions and other stakeholders, should establish a coordinated monitoring, evaluation and learning framework to regularly assess implementation of the policy actions and guiding principles of the Criminal Justice and ADR Policies, document good practices, identify implementation bottlenecks, and inform continuous policy improvement through evidence-based decision-making.