ADR
ADR mechanisms include
mediation
negotiation
arbitration
conciliation
hybrid
they can be grouped into two forms
the system which look at the interest of the parties to the dispute
the system which looks at the rights of the parties
act 798
a developing world perspective
ADR principles and practice
a daniel come to judgment
arbitrability in the context of Ghana’s new arbitration law
the emergence of adr as a tool for dispute resolution in Ghana..
THE EMERGENCE OF ADR IN THE JUSTICE DELIVERY SYSTEM OF GHANA
BEFORE ADR there was customary arbitration and negotiation for settlement and adjudication
colonialism introduced litigation
what is adversarial system of dispute resolution
appear b4 neutral TP adduce evidence, evaluation of evidence resulting judgment
it is a system such as the Anglo american system involving acting and unhindered parties contesting w
each other to put for a case b4 an independent decision maker common law system
contrast this w the inquisitorial system, ( civil law) sytem of proof taking whereby the judge conducts
a trial, determines what qs to ask, and defines the scope and the extent of the enquiry
the judge plays the active role unlike the common law where it is the parties that are active
customary methods of dr werent fully developed until 2010 adr act. the Chieftaincy act guarantees
power to decide disputes
COURT SYSTEM PROBLEMS
1. resolving disputes in courts causes delay Adu v Kyereme 1987 GLR 137
Pg 138 Justice Adade, took 26 years
Aba v Mframa 12 years
Justice Wood - Agyemang sub by Banahene and Others v Anane 40 years
2. it is costly
3. it is v technical
4. the notion of winner takes all, this creates acrimony and confrontation
5. the terms used in litigation aren’t layman friendly
6. there is no privacy in the court
7. the judges apply strict rules of evidence and procedure
8. congestion, all cases are filed in the court, so theyre congested
9. the appellate system is also costly
Conference, other means of dispute resolution identified..
Advantages
fair resolution of disputes
The court system is peculiarly endowed w the mechanisms to solve some issue which no other
method can
provides an inherent check on the errors of TPS looking at the dispute
it provides certainty and predictability bc of stare decisis
there are other means of resolving disputes other than litigation, bearing in mind that litigation is not
being done away w.
Advantages of the ADR System
1. confidentiality and privacy in proceedings
2. there is a high rate of compliance w decisions made in ADR
3. it decongests the courts
4. it provides a healthier method of dispute resolution, sometimes ppl in dispute are in
relationships,ADR helps not to break up the relationship .
5. it is relatively cheaper
6. takes account of the emotional needs of parties, such s humiliation, resentment..
7. there is flexibility in the procedure and practice, there are no strict rules and parties are actually get
involved and participate
8. it is expeditious
9. brings satisfaction to most lawyers involved bc youre able to resolve quickly, you can move on to
other cases
