The newly established Alternative Dispute Resolution (ADR) Centre plans to introduce a national Practice Manual to standardise ADR procedures and enhance professionalism among practitioners.
The development of the practice directions, which is line with the ADR Act 2010 (Act 798) is to provide standard procedures to guide ADR practitioners and to ensure effect regulation of the practice
Dr Francis Kofi Korankye-Sakyi, Executive Secretary of the ADR Centre, announced the intervention during a courtesy call on the leadership of the Judicial Service in Accra.
In addition, he announced that the Centre is currently developing a Legislative Instrument to give full effect to its regulatory mandate.
Accompanied on the visit by Mr Austin Gamey, renowned labour and ADR expert, Dr. Korankye-Sakyi emphasized that the Centre is focused on fully operationalising its mandate to regulate and elevate standards within the ADR space.
The visit is part of measures by the Centre to explore collaboration with key stakeholder institutions in the justice delivery and ADR industry. At the meeting, the two institutions agreed to deepen cooperation in key areas including regulation, capacity building, and the delivery of high-quality ADR services.
Dr. Korankye-Sakyi commended the Judicial Service for sustaining the Court-Connected ADR (CCADR) programme, and assured the collaboration from the Centre to scale up ADR integration within the justice system.
He also paid tribute to court-connected mediators across the country for their contributions, stressing the need to further strengthen capacity and professionalism within the field.
According to him, the Centre will operate on three core pillars of “Resolve, Reconcile and Rebuild” to ensure holistic and sustainable dispute resolution outcomes.
Further, Dr. Korankye-Sakyi called for an enhanced mandatory ADR by the Judiciary for civil cases, citing examples from jurisdictions such as Canada, The Gambia, and South Africa, where parties are required to show evidence of attempting ADR for settlement, before resorting to litigation.
Justice Kweku Tawiah Ackaah-Boafo, a Justice of the Supreme Court, representing the Chief Justice at the meeting, welcomed the establishment of the ADR Centre and the partnership with the Judicial Service, describing it as a vital intervention to consolidate gains made under the CCADR Programme.
He noted that over the past two decades, the CCADR initiative has significantly contributed to reducing case backlogs and promoting the expeditious and amicable settlement of disputes.
“The Judicial Service appreciates the importance of ADR in enhancing justice delivery. Any collaboration in this regard is a win-win for us,” he stated, assuring the Centre of the Judiciary’s readiness to partner in advancing ADR practice.
For her part, Justice Angelina Mensah-Homiah, Judge-in-Charge of the CCADR Programme, described the establishment of the ADR Centre as both timely and necessary, given the rapid expansion of ADR practice in Ghana.
“The ADR industry is expanding rapidly, and there is a clear need for effective coordination and standardisation,” she noted, expressing confidence in the Centre’s ability to ensure consistency and professionalism across the sector.
She further urged the Centre to develop a comprehensive national database of accredited ADR practitioners to enable the public to easily access qualified mediators and arbitrators.
She announced that approval has been granted for the recruitment of additional court mediators under the CCADR programme, and indicated that the Secretariat would rely on the Centre for data on qualified mediators.
Justice Mensah-Homiah also highlighted provisions under the High Court (Civil Procedure) (Amendment) Rules, 2020 (C.I. 133), which allow judges to mediate cases with the consent of parties, and called for enhanced training to equip judges for such roles.
Significantly, she commended the ADR Centre for its recent public statement cautioning media houses against conducting unregulated dispute resolution programmes on radio and television, describing the trend as a growing concern for the Judiciary.
Mr. Austin Gamey, for his part, called for broad stakeholder support for the success of the ADR Centre, stressing the crucial role of lawyers in the ADR ecosystem.
He urged the Judicial Service to intensify efforts to educate legal practitioners on the benefits of ADR, in order to dispel fears that ADR could diminish legal practice and its financial benefits.
“The success of ADR depends significantly on the understanding and cooperation of lawyers,” he said, adding that ADR complements rather than replaces traditional legal processes.
Also contributing at the meeting, Mr. Jacob Soung, Deputy Director of the Judicial Training Institute, underscored the importance of continuous capacity building for judges and magistrates, calling for sustained collaboration between the Judicial Training Institute and the ADR Centre.
Justice Olivia Obeng Owusu, President of the Association of Magistrates and Judges of Ghana, affirmed the support of the association for the growth of ADR, noting that an increasing number of judges are embracing ADR as a critical first step in the adjudication process.
