Court-Connected Alternative Dispute Resolution (ADR) offers parties embroiled in disputes the autonomy to select their mediators, fostering a sense of ownership and control over the resolution process. While the pool of available mediators may influence the selection, the final decision rests solely with the involved parties. This empowerment aligns with the core principle of mediation, which aims to create a collaborative environment where parties can actively participate in resolving their differences. Justice Mrs. Angelina Mensah-Homiah, a Court of Appeal Judge overseeing ADR, emphasizes that the mediator’s role is not to impose a solution but to facilitate dialogue and guide the parties towards a mutually agreeable outcome. This approach empowers disputing parties and promotes a sense of shared responsibility for the resolution.
The advantages of ADR extend beyond party autonomy. A key benefit is the substantial savings in both time and money, resources that are invaluable to businesses and individuals alike. Compared to traditional litigation, which can drag on for extended periods and incur significant legal fees, ADR offers a streamlined and cost-effective alternative. Furthermore, ADR proceedings are conducted in private, ensuring confidentiality, particularly crucial in sensitive matters like marital disputes or personal disagreements. This contrasts sharply with the public nature of court proceedings, where details of the case become part of the public record. Justice Mensah-Homiah underscored the affordability of ADR, noting that parties incur minimal costs beyond the initial filing fee, making it an accessible option for a wider range of individuals and businesses.
ADR’s introduction into Ghana’s judicial system in 2005 marked a significant step toward improving access to justice and streamlining dispute resolution. The ADR mechanism has contributed significantly to reducing the backlog of cases burdening the courts, enabling a more efficient allocation of judicial resources. By diverting suitable cases to ADR, the courts can focus on more complex legal matters, thereby expediting the overall justice delivery process. This, in turn, benefits all litigants by reducing delays and promoting timely resolution of disputes.
The pre-ADR Week engagements with various stakeholders, including the Ghana National Association of Garages, the Association of Ghana Industries (AGI), and the Mt. Olivet Methodist Church, highlight the judiciary’s proactive approach to promoting ADR awareness. These interactions serve to educate the public about the benefits and procedures of ADR, encouraging its adoption as a preferred dispute resolution method. By reaching out to diverse sectors of the community, the judiciary is fostering a broader understanding of ADR’s potential to resolve disputes effectively and efficiently. The upcoming ADR Week celebration, themed “Building the Pillars of Justice through Commercial Justice ADR,” further emphasizes the importance of incorporating ADR into commercial dispute resolution.
Mrs. Christiana Puorideme, Chief ADR Officer at the ADR Directorate of the Judicial Service, emphasizes the strategic goal of ADR: to alleviate the pressure on the court system by providing an expedited and cost-effective alternative for resolving disputes. This aligns with the broader objective of enhancing access to justice by offering a more streamlined and less adversarial approach. The focus on commercial justice ADR reflects the recognition of its particular relevance in the business context where timely resolution of disputes is critical to maintaining economic stability and growth. By encouraging the use of ADR in commercial disputes, the judiciary aims to create a more conducive environment for businesses to thrive.
The pre-ADR Week activities underscore the judiciary’s commitment to promoting ADR as a viable alternative to traditional litigation. These engagements aim to demystify the ADR process, highlighting its advantages and encouraging its wider adoption. By engaging with various stakeholder groups, the judiciary is actively working to build trust and confidence in ADR, positioning it as a preferred method for resolving disputes efficiently and amicably. The emphasis on party autonomy, cost-effectiveness, confidentiality, and timely resolution underscores the significant benefits ADR offers to both individuals and businesses seeking to resolve their differences outside the traditional court system.
