“It is essential in ADR for parties to be open to compromise, as reaching a resolution often require flexibility. Where parties are unwilling
to adjust their position – for instance, by accepting a settlement that is less than the full value of their claim – they may not achieve success
though ADR. We encourage a pragmatic approach, as it can lead to effective and mutually beneficial outcomes”, she said.
The advice of the Chief Justice Sackey Torkornoo was contained in her speech which was read on her behalf, by Her Ladyship Justice Angelina
Mensah Homiah, a Justice of the Court of Appeal with oversight responsibility for ADR, during the launch of the 2nd Term ADR week in Kumasi
under the theme “Building the pillars of Justice Delivery through Commercial Justice ADR”.
Her Ladyship Justice Angelina Mensah Homiah, a Justice of the Court of Appeal
According to her, Ghana’s judiciary recognizes ADR’s critical role in achieving fair and efficient commercial justice, hence urged the business
community to fully embrace it as an efficient dispute mechanism in which parties and not Judges, control the process and outcomes.
“Recognizing the limitations of the adversarial system, ADR offers more efficient, collaborative and cost-effective dispute resolution mechanism,
making it an appealing option for Ghana’s investment landscape. Embracing ADR in this context not only strengthens investor confidence but
also enhances Ghana’s reputation as a stable and welcoming environment for international investment”, she said.
For his part, the President of the Ashanti Regional Bar, Kwame Owusu Sekyere (Esq), in his brief remarks appealed to the public to desist from
sending their cases to the media. He intimated that in the court system, the right to appeal in a dispute existed for parties who may wish to
contest further the decision of the court of competent jurisdiction. He added his voice to the call of more use of CCADR which assures the
business community of speedy and efficient resolution of cases as part of the judicial system.
Mr. Kwame Owusu Sekyere (Esq), Ashanti Regional Bar President gives his remarks
“The Constitution that we use in this nation recognizes that the judicial power rests in the Judiciary. Thankfully, the Judiciary has gone
through a process where we now have ADR as part of the justice delivery system and our commercial courts are there for us. So the
issue where people take their matters to the media for adjudication doesn’t work. It is unconstitutional. We therefore invite the public
to accept the Court Connected ADR for purposes of adjudication of their disputes when it arises and not refer to any other body”, he said.
CSP Samuel Dompreh, Officer in charge of Paralegal, Ghana Prisons Service
The Officer in charge of Paralegal, Ghana Prisons Service, CSP Samuel Dompreh, added his voice to calls to embrace ADR in the justice
delivery system, especially in settling misdemeanors amicably, in a bid to tackle congestion within the prisons.
In a brief interview with Madam Comfort Kumeah, a member of the Arbitration Committee for “Kuapa Kokoo”, she expressed confidence
in ADR helping to resolve conflicts that may arise in their dealings with the over 10, 000 farmers they directly work with, who are predominantly
scattered within the five cocoa growing regions in Ghana.
Madam Comfort Kumeah of “Kuapa Kokoo” delivers brief remarks
“In cases of severe misunderstanding, it becomes very difficult to incite the arrest of a cocoa farmer we work directly with, hence I believe the
use of ADR will help resolve disputes and preserve relationships”, she added.
The launch of the ADR week brought together Justices of the Superior Courts in and around Kumasi, Officers from the Security Services, the clergy,
members of the business community including “Kuapa Kokoo” and Ghana Association of Garages as well as staff of the Judicial Service in Kumasi.
Pre-ADR Week Activities
Prior to the ADR Week, a team made up of two Justices of the Superior Court and staff of the ADR Department of the Judicial Service engaged in
a week-long awareness outreach with the business community in Kumasi including the Ghana Union of Traders Association (GUTA), Ghana
Association of Garages, “Kuapa Kokoo” Farmers Union, traders at the Racecourse market and some private financial and banking institutions.
The engagement focused on sensitizing the different business groups on the availability and benefits of ADR as a versatile and effective antidote
to the challenges of commercial litigation. The success of the interaction was beautifully summed up by Madam Beatrice Mpianin, the Deputy Queen
at the Racecourse Market, who bemoaned lost time spent in court litigating for close to three years. She urged the Service to extend the sensitization
to other markets in the metropolis.
