In the realm of justice and legal proceedings in Ghana, the utilization of Alternative Dispute Resolution (ADR) mechanisms has emerged as a vital tool in addressing the challenges and complexities associated with traditional litigation.
Supreme Court nominee Justice Sophia Rosetta Bernasko Essah, during her recent appearance before the Appointments Committee of Parliament, articulated a clear and compelling vision for the future of Ghana’s justice system: the integration and promotion of Alternative Dispute Resolution (ADR).
ADR offers a more efficient, cost-effective, and collaborative approach to resolving disputes, making it an indispensable component of Ghana’s justice system.
“Honorable chair, there is an urgent need to decongest the courts, while enhancing justice for the citizenry. In my view, there is a need to step up Alternative Dispute Resolution(ADR) as a form of resolving conflict disputes between parties.”
Justice Sophia Rosetta Bernasko Essah
ADR, as Justice Essah highlighted, offers a less expensive, more expedient, and generally more satisfactory means of resolving conflicts. In a country where the legal process can be both time-consuming and financially draining, ADR presents an opportunity to decongest the courts and deliver justice more efficiently.
This is particularly crucial in a society where many individuals and businesses find the formal litigation process intimidating, slow, and inaccessible.
One of the most compelling arguments for the expansion of ADR is its potential to alleviate the chronic congestion in Ghana’s courts. Justice Essah’s call for the judiciary to “step up” the use of ADR reflects a broader understanding of the need to modernize and adapt the country’s legal system to meet current demands.
The congestion in the courts is not just a logistical issue; it is a significant barrier to justice. When cases drag on for years, the consequences are severe: delayed justice, increased legal costs, and a loss of public confidence in the judicial system.
By integrating ADR more fully into the legal process, Ghana could significantly reduce these delays, ensuring that more citizens receive timely and fair resolutions to their disputes.
Shift Towards ADR
There are several existing Alternative Dispute Resolution (ADR) centers and programs in Ghana that have successfully facilitated the resolution of numerous disputes. These initiatives reflect the growing acceptance and effectiveness of ADR in the country’s justice system.
“Some work has been done, and there’s still more work, honorable chair. I would also say that as much as possible, we set up many more.
“The Chief Justices have set up many in the recent past, but we do need more to reduce incidents of delays in adjudication.”
Justice Sophia Rosetta Bernasko Essah
One notable example is the Community Mediation program introduced by the Legal Aid Board of Ghana with support from the United Nations Development Programme (UNDP).
This program has established Community Mediation centers in selected regional and district capitals, encouraging community members to resolve disputes with the assistance of trained Community Mediators.
Despite being in its pilot phase, the program has already recorded favorable results, indicating its potential to enhance access to justice in a more affordable and flexible manner.
Another significant initiative is the Commercial and Court-Connected or Court Annexed Mediation programs, part of comprehensive reforms by 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 as a mandatory pre-settlement procedure.
Justice Essah’s advocacy for ADR is rooted in a pragmatic understanding of the current state of Ghana’s courts. Litigation, while fundamental to any legal system, is fraught with challenges in Ghana. Overcrowded dockets, prolonged delays, and the high costs associated with litigation have created a bottleneck in the delivery of justice.
The nominee’s assertion that there is an “urgent need to decongest the courts” is not merely a call for efficiency but a cry for justice itself. After all, justice delayed is justice denied, and the current state of the judicial system risks denying many Ghanaians their right to a timely and fair resolution of disputes.
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