The Second Term ADR Week, under the leadership of Her Ladyship Justice Angelina Mensah-Homiah, a Justice of the Court of Appeal with
oversight responsibility on ADR, is being held under the theme “Building the pillars of Justice Delivery through Commercial Justice ADR”.
H/L Justice Angelina Mensah-Homiah, a Justice of the Court of Appeal
The workshop saw participants taken through topics such as “Introduction to Commercial Justice ADR”, Delivering Effective Commercial
Justice through ADR, the Role of the Bench in Ghana” and “Overview of Practice Directions on ADR and Plea Bargaining”.
Her Ladyship Justice Gifty Dekyem, a Justice of the Court of Appeal emphasized that per Regulation 4 of the High Court (Civil Procedure)
(Amendment) Rules 2020 (C. I. 133), disputes arising from trade and commerce are considered to be commercial disputes, encouraging
participants to be able to identify the trade and commerce cases before the courts. The identification of commercial cases will assist all Judges
and Magistrates to adopt the speediest means of dealing with them as provided for by the rules.
H/L Justice Gifty Dekyem, a Justice of the Court of Appeal
She also stressed that although the law supports and promotes ADR, not all matters were amenable to ADR, as stipulated by Section 1 of the
ADR Act, 2010 (Act 798). According to the Act, matters not amenable to ADR included those involving national or public interest, the environment,
the enforcement and interpretation of the Constitution and any other matter that by law could not be settled by an alternative dispute resolution method.
She further drew the attention of participants to the fact that “the ADR resolution is as good as a judgement – it is final and binding”, whiles encouraging
them to sensitize court users on the finality and binding nature of the resolution in justice delivery.
Her Ladyship Angelina Mensah-Homiah and Judges and Magistrates Participants
For her part, Her Ladyship Justice Angelina Mensah-Homiah who took participants through the topic: “Overview of Practice Directions on ADR and Plea
Bargaining”, urged them to inform accused persons of their rights including the rights to remain silent, their right to call witnesses and examine witnesses
as well before plea negotiations are commenced.
She used the opportunity to remind participants to sensitize court users well enough on available ADR mechanisms so they could make informed decisions
on the option to choose.
A participant contributes to ongoing discussions
She ended the workshop with a call on participating Judges and Magistrates to give attention to quick resolution of commercial cases. “Commercial matters
do not have to delay in court because time is money. As Judges, we need to reorient ourselves in dealing with commercial matters and give it the attention
it deserves”, she said.