The Ghana ADR Hub, an appropriate dispute resolution service network, has launched its Arbitration and Mediation Rules aimed at governing arbitration and mediation proceedings conducted under the Hub.
Titled “Ghana ADR Hub Arbitration & Mediation Rules 2020,” the 100-page document, which is to promote access to justice delivery through effective dispute resolution processes, is also to help individuals, business firms and groups who desire to conduct their ad-hoc procedure within a defined setting.
Launched in Kumasi on Friday, the rules contain carefully crafted provisions that
ensure that arbitration and mediation proceedings are conducted effectively and efficiently to produce enforceable arbitration awards and mediation settlement agreements respectively.
According to the Hub, the usual pitfalls associated with the composition of the arbitral panel are avoided by carefully thought-out provisions in the Arbitration Rules.
It explains that while the provisions are designed to give parties the widest autonomy in the process, it at the same time retains the necessary power in the arbitral tribunal to prevent delay and ensure a fair hearing to all parties.
Similarly, the Mediation Rules are designed to provide a framework for conducting mediation efficiently and effectively.
The model procedure set out by the rules and the model clause taken together creates sufficient certainty for the mediation process to be set up quickly, whilst retaining the essence of what mediation is meant to be; a flexible process conducted confidentially, in which an impartial person actively assists the parties in working towards a settlement of a dispute or deference, with the parties in ultimate control of the decision to settle, as well as the terms of resolution.
It also provides draft clauses as a useful tool for persons seeking to draft effective dispute resolution clauses in contracts agreements.
Among others, the Arbitration Rules contains provisions on Request for Arbitration, Response and Counterclaim, Consolidation of Arbitration, Formation of the Arbitral Tribunal, Conduct of the Proceedings, Rules Governing the Proceedings Seat of Arbitration and Place of Hearings and Applicable Law, Language of Arbitration, Party Representation , Case Management Conference, Jurisdiction of the Arbitral Tribunal , Closing of the Proceedings, Arbitration Award, Arbitration Costs and Fees.
The Mediation Rules covers provisions for Commencing Mediation, Appointment of Mediator, Statement by the Parties, Conduct of the Mediation, Conclusion of the Mediation, Settlement Agreement, Costs, Resort to Judicial or Arbitral Proceedings Confidentiality and Privacy, and Limitation of Liability among others.
By Edmund Mingle/ adrdaily.com
