Can I get a refund for my pot of soup?

Mirror Lawyer Lifestyle Mar - 12 - 2022 , 09:55

The argument started when Kwame kicked my sumptuous pot of soup away. I admit that I called him a blind man, but that did not give him the right to hurl insults at me.

He proceeded to give me a resounding slap which caused a dysfunction in my right ear for about 10 minutes. Kwame refused to apologise for his actions and has also refused to refund the GH₵40 I expended in preparing my soup.

The matter has since been reported to the police who are bent on prosecuting Kwame in order to teach him a bitter lesson.

However, I am not interested in any court matter because Kwame’s mother and I practically grew up together. I just want my GH₵40 to be refunded and for the matter to be settled amicably.

Does the court system provide for such an avenue or will Kwame be surely sent to jail?

Mansa Mensah,
Taifa, Accra.

Dear Mansa,
It is rather unfortunate that the argument between you and Kwame which could have been easily solved with an apology has ended this way.

However, the court provides an avenue for parties to settle their differences away from the formal trial system through Victim Offender Mediation. Victim Offender Mediation, also known as restorative justice, is an aspect of Alternative Dispute Resolution (ADR) which seeks to address certain criminal cases using mediation without having to go through the formal justice system or having to fully hear them in court.

In Ghana, there are two Acts of Parliament which grant the courts the power to refer cases to ADR. The first one is the Courts Act, 1993 (Act 459). Per Section 73 of the Act, ‘Any court, with criminal jurisdiction, may promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to felony and not aggravated in degree, on payment cases of compensation or on other terms approved by the court before which the case is tried, and may during the pendency of the negotiations for a settlement, stay the proceeding for a reasonable time and in the event of a settlement being effected shall dismiss the case and discharge the accused person.’

The Section provides that depending on the severity of the offence, the court may stay proceedings and refer the matter to ADR. Subsequently, an order may be made for the payment of compensation to the victim of the offence.

The second Act is the Alternative Dispute Resolution Act, 2010 (Act 798) which provides under Section 64 that, ‘A court, before which an action is pending, may at any stage in the proceedings, if it is of the view that mediation will facilitate the resolution of the matter or a part of the matter in dispute, refer the matter or that part of the matter to mediation.’

The section also provides that the parties in agreement may apply on notice to the court before final judgment is given to refer part or the whole of the matter to mediation. As such, the reference to mediation may be made by the court suo motu (on its own accord) or on an application of the parties.

Where the parties reach a settlement at the mediation, the court adopts it as a judgment of the court and it is enforced as such.

The rationale behind the inclusion of Victim Offender Mediation as a means of addressing some types of criminal offences is that crime is viewed as harm firstly to a person or an individual who then informs the State for prosecution to commence.

As such, attention must be paid to the individual who has been wronged or hurt. Victim Offender Mediation provides the parties with the opportunity to meet face-to-face to discuss the wrong that has occurred and the role that each party has played in its formation.

Also, it gives the offender the opportunity to apologise and compensate the victim for the wrong he or she has suffered. For persons who will continue living together in the same household or community as in this case, Victim Offender Mediation helps the parties assess how they will relate to each other in the future and preserves the relationship that existed prior to the issue.

Since you are not interested in the prosecution of the matter and only want to be compensated for the soup that Kwame kicked away, Victim Offender Mediation is the right way to go.

The court may either refer the case to mediation, in which case you can freely express your desire to retrieve your GH₵40. On the other hand, you or your lawyer may agree with the offender or his lawyer and make an application for the court to refer the matter to mediation.

This will definitely ensure that you receive your GH₵40 as well as save time and money.