The Chief Justice,KwasiAnin-Yeboah, has observed that Ghanaians now have become more conscious of their lives and rights that they seek legal redress at any opportunity provided by the constitution.
In view of that, he said, Alternative Dispute Resolution (ADR) must be encouraged as a preferred choice in resolving cases in Ghana.
Chief Justice KwasiAnin-Yeboah was speaking at the launch of a book “The Law and Practice of all Tentative Dispute Resolution In Ghana” which is co-authored by Justice S.A. Brobbey and Mr. Victor Brobbey.
According to the Chief Justice, efforts are being made by government to open administrative tribunals by renovating and constructing courts mainly for the adjudication of cases under ADR. He mentioned the recently refurbished High court at Amansaman and Sowutuom as an example.
He also noted that the judiciary had been at the forefront of adjudicating cases hence the country cannot afford to postpone the total adoption of ADR when it is providing absolute and early resolution of cases to many who use the traditional courts.
He, however, urged lawyers to boost their capacities in Alternative Dispute Resolution.
Alternative Dispute Resolution was instituted in 2005 as an intervention to ease pressure on the regular court system.
The ADR Act, Act 789 of 2010 which established ADR makes it imperative for its adoption regardless of the court, including Ghana’s apex court, the Supreme Court.
“My lords, distinguish ladies and gentlemen, Sections 72 and 73 of the Courts Acts 1993 Act 459, CI 133 and the ADR Act, that is, Act 789 2010 makes it imperative that ADR should be adopted regardless of the courts whether at the District Court, Circuit Court, High Court, Court of Appeal and the Supreme Court,” he noted.
According to Chief Justice AninYeboah, ADR, since its introduction has absolutely resolved 29, 558 cases in the last 15-years and that this is a positive support ADR has offered the judiciary without which, would have been born by the courts under more stressful conditions.
“I therefore urge lawyers who lack capacity in ADRs a matter of urgency take steps to enhance their capacity so as to enable them contribute to the success of the court connected ADR Programme. ADR has become a core component of Ghana’s adjudication system. What this means is that, a court in Ghana today can finally determine either through ADR or litigation. Therefore, when a judge refers a case to ADR, parties should not feel slighted. You may achieve the same result.”
He averred that the ADR Programme had been extended to 13 courts across the nation with at least five mediators assigned to each of these courts.
A total of 635 mediators have been trained and assigned to these 131 courts connected to the ADR Programme.
