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Court-Connected ADR - Enhancing Access to Justice in our Communities |
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Introduction
In line with the Five Years Strategic Plan of the Judicial Service Alternative Disputes Resolution (ADR) Programme, the ADR Secretariat continues to undertake activities aimed at ensuring the effective implementation of the ADR Programme.
Mediation under the ADR programme has been found to be faster, cheaper, restoring strained interpersonal relationships between parties in dispute and providing for win-win outcomes after dispute resolution. It has also offered the general public and especially individual disputants who are unable to afford the expensive courts and attorney’s fees and charges, an enhanced access to justice in the various participating communities. Data available shows an average settlement rate of 47% of cases mediated in Lower courts in Accra in 2008.
Further, the ADR programme has gained some popularity and acceptance among user groups and stakeholders and continues to be a preferred choice of dispute resolution for some disputants. Since about 90% of total number of cases filed in the Judicial Service through Courts all over the country are filed through the lower courts (District and Circuit Courts), the ADR Programme aims at reaching a lot more vulnerable and poor persons in especially low income communities by focusing the ADR Programme more on the Lower courts.
Background to the National ADR Programme of the Judicial Service
In recognition of the need for a fast and efficient mechanism for adjudication of cases pending in the courts, the Lord Chief Justice in 2001 set up an ADR Task Force to determine an appropriate and customized policy direction that incorporates ADR in the court adjudication process.Based on the recommendations of the Task Force, the Lord Chief Justice issued a policy directive adopting and incorporating ADR as a part of the adjudicating process of the Judicial Service of Ghana and an available option and opportunity to parties in dispute who file cases in the courts or whose cases are already pending in court.
Programme Details
Under the programme, cases suitable for mediation are referred to ADR by the Judge or Magistrate of the court. Parties or disputants are assisted to select their own mediator from a list of mediators assigned to the court. A date is agreed for the mediation session after which an agreement signed by both parties is adopted by the Court as Consent Judgement if the case is resolved successfully. When a case is not resolved at mediation, it is referred back to court by the mediator for continued trial. A consent judgment of the court is enforceable as any other judgement of the court.
Types of Cases Handled
Types of cases normally handled through mediation include civil cases and minor criminal cases that are not felonies or aggravated in degree.Examples of cases are Monetary Claims Recovery, Minor Assault Maintenance, Offensive Conduct, Landlord/Tenant, Defamation, Threat of harm or damage to property.
Programme outcomes and Impact
The main aim of the ADR Programme is to reduce the backlog of cases in the courts as well as enhance access to justice to the poor and vulnerable in the communities.
1. 151 mediators were recruited, trained and assigned to Courts across the country in 2007 and 2008. The Programme is currently active in 41 District Courts across the Country. In Accra alone and in 8 district Courts, a total of 2,576 cases were mediated in 2007 and 2008. 1,272 cases were successfully resolved, representing a success rate of approximately 50% of total number of cases mediated over the period. This means that about 50% of cases that were referred to Mediation in these District Courts were successfully resolved.
2. Following intensive sensitization programmes through the electronic and print media as well as various training programmes towards the creating of awareness on ADR and the education of stakeholders and the general public, the court-Connected mediation process is fast becoming the preferred option for parties in District Courts who are unable to afford the high Courts and Attorney’s fees.
3. Mediation under the ADR programme has been found to be faster, cheaper, restoring strained interpersonal relationships between parties in dispute and providing for win-win outcomes after dispute resolution. It has also offered the general public and especially individual disputants who are unable to afford the expensive courts and attorney’s fees and charges, an enhanced access to justice in the various participating communities.
4. It is on record that trained mediators involved in the programme also undertake Disputes Resolution activities in their communities across the Country. Hence, the programme also serves as a means of building an army of peacemaker and peacebuilders all over the country in the districts and communities.
Future outlook of the Programmei.
The future of the Programme looks very bright. In accordance with the 5 years Strategic Plan of the programme, the programme is to be extended to all District, Circuit and High Courts in Ghana. ii. 151 Mediators are already assigned to 41 district Courts across the country. About 105 mediators are expected to be trained and assigned to specified courts all over the country. iii. Total number of cases successfully resolved in District Courts in Accra alone through the Court-connected mediation process since March 2007 stands at 1,272. With the programme spreading over the rest of the country to reach all District, Circuit and High Courts across the country, number of cases successfully resolved through mediation is expected to exceed 10, 000 by 2013.
CONTACTS
If you wish to refer your case for ADR or require further information on ADR, please contact any of the following persons.
· The Magistrate or Judge before whom your case is pending.
· The Registrar of the Court at which you filed your claim.
· The National ADR Coordinator
Supreme Courts Building
High Street, Accra.
Tel: 021 666671/2 or 0287 045257
· Your Lawyer
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Last Updated ( Monday, 09 February 2009 )
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ADR