The ADR System

Justice, Intergrity, Precision

UNDERSTANDING THE ADR SYSTEM AS A CAREER NOT JUST A STUDY. A CASE IN ALTERNATIVE DISPUTE RESOLUTION IN GHANA, SUPPORTING EFFECTIVE AGREEMENT BY SENYO M ADJABENG.

ADR mechanisms have actually been in use for some time now and are fast gaining popularity as a preferred method of dispute resolution. Parties who have gone through some ADR processes like Mediation acknowledge their satisfaction and trust in the process. Some ADR mechanisms commonly used by stakeholders in the Country are Negotiations in its various forms, Mediation and Arbitration. In negotiation procedures generally, offers and counter offers are exchanged by parties in dispute until a middle ground is reached where proposals are acceptable to the parties based on compromises on issues in dispute. Indeed, some current legislation such as the Labour Act, 2003 (Act 651) of Ghana advocates this method of “Good Faith” negotiations.

Mediation is practiced in various forms in Ghana. Even though the concept is quite new and is fast gaining grounds, a lot more education and sensitization need to be undertaken to make the process more popular and accepted.

Commercial and Court-Connected or Court Annexed Mediation are part of a comprehensive reforms programme of the Judicial Service of Ghana. Under the High Court Civil Procedure Rules (C.I. 47), Mediation is practiced in the Commercial Division of the High Court of Ghana as a mandatory pre-settlement procedure.

The Courts Act, 1993 (Act 459) in sections 72 and 73 encourage the use of ADR to resolve disputes pending before the courts.

Christian Mediation is also developing gradually in the country. The Centre for Mediation and Conflict Resolution under the leadership of Rev. N. M. Ghartey as well as an ADR Consultancy, Gamey & Gamey Academy of Mediation (www.academyofmediation.com) both specialize in Christian Mediation. Churches in Ghana are yet to fully become associated with the principles of Christian Mediation and fulfill 2 Timoty 2:15.

Arbitration on the other hand has been in practice since 1961 after the passage of the Arbitration Act, 1961 (Act 38). The Act is still the main reference legislation that regulates Arbitration practice in the Country. Commercial and Labour Arbitration are the common forms of Arbitration being practiced in Ghana currently.

COMPONENTS OF COALITION

The Coalition is made up of the Judicial Service of Ghana, Commission for Human Rights and Administrative Justice, The Legal Aid Board, Ghana Association of Chartered Mediators and Arbitrators, the Ghana Arbitration Centre and the Attorney Generals Department. The Coalition, with the support of UNDP, has undertaken a registration exercise of all qualified and practicing ADR practitioners in the country with the view of publishing a national directory of ADR practitioners soon.

This will enable parties in dispute to locate and contact appropriate ADR practitioners in and around their various localities. The Coalition is also liaising with the Attorney Generals Department to prepare and lay before parliament an ADR Bill, which will be the main Reference Legislation for ADR practice in Ghana.

The Bill, which is at an advanced stage of final drafting, seeks to consolidate all the Laws on ADR into one comprehensive Law.

The ADR Bill however, in the near future will be passed by the Parliament of Ghana to become the main Law that will regulate the practice of ADR in the Country. The process of integrating the ADR concept into the Ghanaian society continues to face some major challenges.

Adequate and intensive ADR advocacy and public sensitization programmes must be undertaken to further establish the practice of ADR in Ghana. Even though some advocacy continues to be done, a lot more is needed to fully achieve the level of acceptance and popularity of the ADR concept of Dispute Resolution. The Future of ADR in Ghana looks very promising. Settlement rates are favorable and acceptable. The process continues to be appreciated by parties who experience it. It is also very suitable to the nature of the people of Ghana.

Above all, it enhances access to justice by persons who are unable to access justice through the established court trial systems. The process is more affordable and flexible and hence easier to undertake in all communities in the country.

THE FORE

To harness the associated opportunities relative to aforementioned gap, PAC-Ghana now seeks to run the ADR course as part of its extended product within its current portfolio in order to equip potential persons who aspire to enroll in such a programme for training. This would not only equip these persons with the relevant skills to position them for the budding opportunities within the legal sector but also go a long way to help their organizations, families and the country Ghana as a whole to handle the human resource deficit that have risen against the backdrop of such projected growth.

With the current modular structure of PAC-Ghana where only the administrative and marketing activities are kept in-house, while the core teaching and training activities outsourced to vast network of experienced tutors and facilitators from both private and public universities, PAC-Ghana is very optimistic that it has what it takes to train credible men for this Paralegal and Alternative Dispute Resolution – ADR programme. To group these great men to study under our roof, the college is fully aware of the Critical Success Factors (CSFs) which include the following:

  • A suitable learning friendly facility in a serene environment taking cognizance with legal fractions.

  • Partnership with law firms and the court for student pupilage programmes.

  • Experienced Faculty of staff for tutorials and training

  • An effective marketing strategy in terms of promotional campaigns to create awareness and brand positioning

  • Strong stakeholder engagements with relevant institutions and individuals whose actions can have immense impact on the activities and running of the programme

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