The Judicial Service of Ghana (JSG) has launched the 2023 Alternative?Dispute Resolution (ADR) Week in Takoradi with a public forum on the need to use ADR in resolving disputes.
It was on the theme: ‘Building the Pillars of Justice through Alternative Dispute?Resolution (ADR)’ and will be marked with a series of activities including workshops for the practitioners.
The ADR, since its inception in 2005, has sensitised the public on the importance of using alternative dispute resolution to speedily address cases instead of using the courts.
The Judiciary, as the third arm of Government, and under Article 125 (1) of the 1992 Constitution, is charged with resolving all kinds?of disputes under the laws of Ghana to guarantee peace and stability for national?cohesion and development.
The Judicial Service, in carrying out this mandate, initiated the ADR System of resolving cases by?parties and a neutral entity rather than resorting to litigation.
It resolves cases using mediation, arbitration, reconciliation, a
nd customary?arbitration among other methods to speed up the resolution process.
The Chairperson of the event, Justice Angelina Mensah-Homiah, said the ADR came?into existence in 2005 as a result of the increase in cases at the courts and the delay in administering?justice.
Since its inception it had largely reduced the load on the court by 32,?745 cases, she said, which brought finality to dispute as the parties involved?came up with their custom-made solution to the problem, having received satisfaction at the end of the day.
Some of the benefits, Justice Mensah-Homiah noted, were privacy, empowered parties, financial and?emotional relief, decongestion of the courts, building relationships, or preserving existing ones.
‘The ADR has come to stay as a reliable partner for the traditional justice delivery?system in achieving speedy, accessible and efficient justice delivery’.
Mr Alex Nartey, the Director of ADR, said cases directed to the ADR were not trivial as perceived by the public or less important t
o the?judges.
‘…. But the Judicial Service or the courts want to empower parties involved in a case to play a?critical role in resolving the case in a manner pleasing to them instead of staying in the court for a?judge to hear the matter and come out with his or her view,’ he said.
He admitted that sometimes the judge may be right in his judgement but that might not accurately?address the issue.
‘With the ADR, however, you are able to address issues conclusively including emotional?matters surrounding the issue. litigation is a ‘win, lose’ but ADR is a ‘win, win’ verdict?as both parties went home satisfied.’
Mr Nartey appealed to the media to share the news to address the crisis and build capacity and?knowledge in ADR as it would help reduce the number of cases in the courts to make the courts?very efficient.
That, he noted, would create a peaceful environment among the youth, marriage couples, business?partners, political parties, and churches.