Accra, Ghana – The Alternative Dispute Resolution (ADR) Centre and the Judicial Service of Ghana have formalized a significant partnership aimed at bolstering dispute resolution mechanisms across the nation. This intensified collaboration, agreed upon during a high-level meeting in Accra on Thursday, seeks to improve citizen access to justice, streamline legal processes, and elevate the quality of ADR services through enhanced regulation and capacity building.
Strengthening the Foundation of Justice
The initiative stems from a courtesy call by the Executive Secretary of the ADR Centre, Dr. Francis Kofi Korankye-Sakyi, to the leadership of the Judicial Service. This meeting served to solidify the relationship between the two bodies, building upon the successes of the Court-Connected ADR (CCADR) Programme, which has been instrumental in reducing case backlogs and facilitating amicable settlements for two decades.
Justice Kweku Tawiah Ackaah-Boafo, representing the Chief Justice, lauded the establishment of the ADR Centre and the deepening partnership. He underscored its timeliness in consolidating the gains made by the CCADR Programme and assured the Centre of the Judiciary’s commitment to advancing ADR practices.
ADR Centre’s Mandate and Vision
Dr. Korankye-Sakyi, accompanied by labour and ADR expert Mr. Austin Akufo Gamey, outlined the ADR Centre’s mission to fully operationalize its regulatory mandate and elevate standards within the dispute resolution sector. He commended the Judicial Service for its sustained support of the CCADR Programme and emphasized the critical need to further integrate ADR into the broader justice system.
The Centre plans to introduce a national practice manual and a Legislative Instrument to provide a robust regulatory framework for ADR practitioners. Dr. Korankye-Sakyi also advocated for the mandatory use of ADR in civil cases, citing successful implementations in countries like Canada, The Gambia, and South Africa, where parties are required to explore ADR before initiating formal litigation.
The ADR Centre’s operational philosophy is built on three core pillars: Resolve, Reconcile, and Rebuild, aiming to achieve sustainable and effective dispute resolution outcomes.
Ensuring Quality and Accessibility
Justice Angelina Mensah-Homiah, Judge-in-Charge of the CCADR Programme, highlighted the rapid expansion of ADR practice in Ghana and stressed the importance of coordination and standardization. She expressed confidence that the new partnership with the ADR Centre will ensure consistency and professionalism in service delivery.
Significant progress is being made in expanding the pool of qualified mediators. Justice Mensah-Homiah revealed that approval has been granted for the recruitment of additional professional mediators under the CCADR programme. The Secretariat will leverage the ADR Centre’s database of accredited practitioners to ensure quality referrals.
The development of a national database of ADR professionals is a key objective to enhance public access to qualified mediators and arbitrators. Justice Mensah-Homiah also pointed to the High Court (Civil Procedure) (Amendment) Rules, 2020 (C.I. 133), which empower judges to mediate cases with parties’ consent, emphasizing the need for enhanced judicial training in mediation techniques.
Addressing Perceptions and Building Capacity
The ADR Centre’s efforts to caution against unregulated dispute resolution initiatives, particularly those broadcast on radio and television, were commended by Justice Mensah-Homiah, underscoring the need for a unified and professional approach.
Mr. Austin Gamey addressed potential concerns among legal professionals, emphasizing that ADR complements, rather than supplants, traditional litigation. He called for increased education to foster greater lawyer participation and understanding of ADR processes.
The Judicial Training Institute, represented by Deputy Director Mr. Jacob Soung, also signaled a commitment to collaborative capacity building for judges and magistrates, recognizing the vital role of continuous professional development in the evolving legal landscape.
Justice Olivia Obeng Owusu, President of the Association of Magistrates and Judges of Ghana, affirmed her association’s support for ADR expansion, noting a growing trend among judges to utilize ADR as an initial step in adjudication.
The Road Ahead
The strengthened alliance between the Judicial Service and the ADR Centre signals a proactive approach to modernizing Ghana’s justice system. The focus on regulation, standardized training, and expanding the pool of accredited professionals is poised to make legal recourse more efficient and accessible. The potential introduction of mandatory ADR for civil cases could dramatically alter the litigation landscape, encouraging earlier settlements and reducing the burden on the courts. Public awareness campaigns and continued professional development for legal practitioners and the judiciary will be crucial in realizing the full potential of this partnership and ensuring ADR becomes an integral and trusted component of justice delivery in Ghana.
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