Justice of the Court of Appeal and in-charge of Alternative Dispute Resolution (ADR), Her Ladyship Justice Irene Charity Larbi, has advised the general public to take advantage of Court connected Mediation mechanism to solve cases.
The Alternative Dispute Resolution was implemented in 2005 by the Court, under Section 72(1) of the Courts Act 1993 (Act 459), aimed to attend to and quickly resolve minor disputes without resorting to litigation in the Courts, and uses mainly mediation for the resolution of cases.
This according to Her Ladyship, " the ADR mechanisms is a reliable partner to the traditional justice delivery system and must therefore, be embraced and nurtured for quality justice delivery system, this also helped in reducing the backlog of cases in the Courts…..we encourage you to use ADR instead of litigation which is protracted, which is expensive, which is acrimonious which takes a lot of your time,… this is important because its sustenance is particularly critical in our goal of promoting excellence, speed and efficiency in the judicial administration"
She said this at an ADR Week Lunch ceremony held at the forecourt of the Ho central market of the Volta region, aimed to create awareness and school the general public on the operation of the system. She mentioned that, although the current Court system of hearing and ruling cases is good, it has some disadvantages that leads to delaying of justice, since justice delayed is justice denied.
She outlined that, challenges such as language barrier, cost and resources are expensive in the usual Court litigation process, but it takes less to find solutions to cases at the ADR system, hence it's prudent to use it to solve cases such as domestic issues, lands and family disputes while the Courts take charge of felony issues.
"the ADR concept has served as a complement to the traditional Court system in making access to justice cheaper, easier, expedition, non-adversarial and faster for the citizenry"
Her Ladyship indicated that, between January to December last year, 2019, " 6,209 cases were meditated out of which 3,041 cases were settled, representing a 49% settlement rate"
She added that, the Mediation process has helped a lot and has a great advantage over the litigation process, " one important benefit of ADR over conventional litigation is Privacy, you can imagine the embarrassment a tenant who has committed no crime has to face in coming to open court to plead for time to vacate premises in such a hostile environment, this is one such example of downship of conventional litigation…. People value highly the privacy ADR provides, this is because when the matter us heard in the open, the media may pick it up and place it in the public domain, this makes the parties involved susceptible to all types of comments and even public ridicule " She noted.
Chairman at the event, and a Mediator at the Volta Regional ADR, Togbe Howusu XII of Ho Dome, praised the implementation of the mechanism and encouraged Ghanaians to make use of the system to avoid huge use of resources to to dealing with minor disputes.
Currently, the Alternative Dispute Resolution has Secretariat in some 131 Courts in all the initial ten regions across the country with at least five Mediators assigned to each of the Courts.