“Ethics are a critical component of the CCADR, hence there is the need as practitioners, that you remain diligent in upholding and adhering
to high ethical standards, as they are essential to the success and credibility of the process which impact on the trust and confidence citizens
have in the courts”, she said.
Justice Angelina Mensah-Homiah was speaking at a workshop on Commercial Justice ADR, organized by the ADR Department of the Judicial
Service for Mediators in the Ashanti Region. The workshop forms part of the Second Term ADR Week activities being held in Kumasi on the
theme “Building the Pillars of Justice Delivery through Commercial Justice ADR”.
Participants at the workshop
She took time in taking participants through ethical principles; such as confidentiality, independence and integrity, impartiality and diligence
and avoidance of conflict of interest, citing relevant context-specific examples to buttress points made.
”A Mediator must be decorous and refrain from discussing cases they handle outside the four walls of the mediation room. The issue of
non-disclosure is extremely paramount. The privacy of the mediation process as well as confidentiality of the information received must
be upheld; which include not allowing non-parties to sit in a mediation process without the consent of the parties involved. You must also
refrain from over indulgence of any kind, whether in private or in public”, she said.
For his part, a Justice of the High Court and President of the Commercial Court, His Lordship Justice Emmanuel Lodoh who took participants
through the topic “Mediating Commercial Disputes” stressed, that mediators must focus on the needs and interests of the parties to a case,
rather than on positions and demands.
His Lordship Justice Emmanuel Lodoh (J) addressing workshop participants
“Take time to read the pleadings before commencing the mediation process. Identify the goals and interest of each party and practice active
listening to get clarity of the issues at hand. Please, ask questions to gain clarity and request of the parties to restate their cases, because
sometimes the pleadings may not capture in entirety, what the parties actually desire”, he said.
He also implored them to sharpen their organizational and communication skills to improve work performance.
The workshop was very interactive, as participants were given the opportunity to ask questions,
perform simulation exercises and analyze case studies.