The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching an agreement and avoiding litigation.
Speaking on Plan B FM’s late afternoon show EBAANOSEN hosted by Ohene Kinnah, Mr. Emmanuel Yaw Mensah an alternative dispute resolution practitioner says ADR, is a term that covers many alternatives to traditional methods for resolving conflicts or disputes. ADR has been used as a tool in resolving workplace disputes arising from poor communication, personality conflicts, or alleged discrimination.
He said Ghana enacted the Alternative Dispute Resolution Act, of 2010 (Act 798) to provide for, among other things, the settlement of disputes through arbitration, mediation, and customary arbitration and It is generally faster and less expensive than going to court
He stressed that, through ADR, the parties can agree to resolve in a single procedure a dispute involving intellectual property that is protected in several different countries, thereby avoiding the expense and complexity of multi-jurisdictional litigation, and the risk of inconsistent results.
Meanwhile, the Chief Justice, her Ladyship Justice Gertrude Sackey Torkornoo, has declared Monday 13th to Friday 17th November, 2023 as Alternative Dispute Resolution (ADR) Week for this Legal Year Term.
The rationale for the ADF week is to allow the ADR Directorate of the Judicial Service to engage the general public to inform the citizenry of the presence of ADR within the court system, its importance in seeking justice, and how to take advantage of such an important process for meaningful access to justice especially the poor and the vulnerable.
The theme for this year’s ADR week is “Building the Pillars of Justice through Alternative Dispute Resolution (ADR)”.
The Director of ADR, Alex Nartey, in a statement dated November 10, 2023, said the week-long celebration will also afford court users whose cases are pending before the courts, the benefit of using ADR during the week under what we call “Mass Mediation Exercise.”
“One Hundred and Thirty-Five (135) Courts, comprising Thirty-Five (35) Circuit Courts and One Hundred (100) District Courts shall participate by devoting the whole week to the settlement of Court cases with ADR across the country,” he said.
ADR has been adopted by the Judicial Service of Ghana as part of its adjudication process Dubbed “Court-Connected ADR”. This program aims to ensure that access to justice in Ghana is made easier, cheaper, non-adversarial, expeditious, and flexible to all, particularly the poor and vulnerable.
The statement therefore encouraged the Bar, disputants, the Media, and the public to participate fully and cooperate with the Judicial Service to make this Legal Year Term’s ADR Week a success.
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