ADR week launched in Koforidua: 3,105 Cases settled through mediation last year
Out of 8,765 cases nationwide, the Judicial Service (JS) successfully mediated 3,105 cases, accounting for 35 per cent of the disputes through Alternative Dispute Resolution (ADR) mechanism last year.
The service attributed this to the extension of the ADR programme to 138 courts across the country, with at least five mediators each assigned to those courts.
The acting Chief Justice, Justice Paul Baffoe-Bonnie, disclosed this yesterday at the launch of this year’s ADR Week in Koforidua in the Eastern Region.
Elaborating on the theme: "Building the pillars of justice delivery through ADR,” Justice Baffoe-Bonnie said the ADR mechanism provided efficient tools for mediation, arbitration, negotiation and reconciliation which led in resolving the disputes in a more humane and constructive manner.
He also said that court-connected ADR fostered dialogue in non-adversarial settings, allowing parties to understand each other's perspective with satisfaction.
Advantages
Justice Baffoe-Bonnie said one of the advantages of court-connected ADR was its efficiency that allowed quicker reduction of disputes, thus avoiding delays and reducing the cost associated with formal litigation.
He also said that it helped in reducing the work load of courts by resolving cases before they reached trial, adding that agreements reached through mediation were sent to the courts for adoption as consent judgment, giving them legality and enforceability.
Justice Baffoe-Bonnie said as a result, ADR ensured justice was not only done, but done swiftly to promote fairness and a level playing field, especially for those without legal representation or deep financial resources.
He, however, explained that the court-connected ADR was not suitable for every case, especially those involving serious criminal matters or significant public interest, but limited to civil and family disputes.
To further institutionalise the ADR impact, Justice Baffoe-Bonnie said the Judicial Service had set aside one week in each legal term to promote the system through mass mediation and public awareness activities to help settle the backlog of cases.
Currently, 138 courts were connected to the national ADR programme, of which 19 were in the Eastern Region.
"I urge court staff, registrars and the Bar to embrace court-connected ADR as part of the justice delivery process, not as an afterthought, but a viable and often preferable first step.
"To the public, if a judge recommends court-connected ADR, know that your case is being taken seriously. ADR is an opportunity, not a downgrade,” he said.
Significance
The Director in charge of Legal Aid Commission, Fidelis Osei, said his outfit recognised the indispensable role of ADR, for which the commission had established an ADR Division.
He explained that all civil cases reported to the commission were first referred to the ADR Division for mediation, and “the results are remarkable”.
Mr Osei said the commission received a total of 1,706 civil cases in one region, and that through the dedicated work of ADR mediators, 1,613 of the cases were successfully resolved, representing 94.5 per cent.
The Chief State Attorney, Emelia Addo Kyere, for her part, said court-connected ADR, when implemented peacefully, could be the lifeline of adjudication of cases in the country, adding that ADR had already chalked up several feats attributable to its name.
"All and sundry should, therefore, leverage ADR to enhance greater access to justice and at the same time promote harmony, peace and unity among the court users", Ms Addo Kyere added.
Writer's email: haruna.wunpini@graphic.com.gh
