A Critical Assessment of the Efficacy of Botswana’s Dispute Resolution System
A Critical Assessment of the Efficacy of Botswana’s Dispute Resolution System

Summary/Abstract: The study pursued a dual objective: first, to critically examine Botswana’s dispute resolution system by evaluating its effectiveness in facilitating the fair and efficient settlement of trade disputes, and second, to propose reforms aimed at improving its overall functionality and performance. The study commenced with an introduction that established the connection between access to justice and workplace dispute resolution, followed by a historical overview of Botswana’s dispute resolution framework and comparative insights from other SADC countries. The literature review explored the evolution of the Alternative Dispute Resolution (ADR) system—used interchangeably in this study with the term “dispute resolution system”—and provided a detailed discussion on the factors influencing the effectiveness of ADR mechanisms. The study adopted a qualitative, exploratory design grounded in an interpretivist phenomenological approach, with data gathered through purposive sampling of fifteen participants across Botswana and the SADC region via virtual semi-structured interviews. The findings revealed that Botswana’s current dispute resolution system is largely ineffective due to limited independence and inadequate skilled personnel, resulting in procedural delays and inefficiencies. Consequently, the study recommends the establishment of an independent dispute resolution body and the implementation of targeted training programmes to enhance institutional capacity and effectiveness.

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