She made the appeal during a sensitization workshop for Judges and Magistrates from the Volta and Oti Regions held at the High Court in Ho as part of activities marking the First Term ADR Week in the Volta Region. The workshop, organized under the auspices of the National ADR Directorate of the Judicial Service, was aimed at enhancing judicial competence in the effective use of CCADR.
Justice Mensah- Homiah encouraged participants to deepen their understanding of the ADR Act, 2010 (Act 798) to better educate and guide court users. “I will encourage you to take time to read and understand the ADR Act 2010, Act 798 to better engage and sensitize court users who appear before you. Be consistent in engagements as this is the only way you can get their buy-in to choose ADR. We know that you are burdened but we need your support in changing the mindsets of court users”, she said.
She further emphasized the need for Magistrates to comply with the provisions of District Court Rules, 2009 (C.I. 59) as amended by (C.I. 134) on ADR, highlighting the requirement to enquire from parties their willingness to attempt settlement through ADR or other means. “Parties must be made fully aware of their rights to help them make informed decisions”, she added.
Justice Mensah-Homiah also took participants through the subject of Plea Bargaining, explaining its relevance as the criminal aspect of ADR and illustrating key points with practical, real-life scenarios.
His Lordship Justice Emmanuel A. Lodoh(J)
In his presentation, His Lordship Justice Emmanuel A. Lodoh, Justice of the High Court, President of the Commercial Court and Member of the Judicial Service ADR Committee, spoke on the topic “Introduction to Commercial Justice”. He reminded participants of the need to consistently uphold integrity, impartiality and fairness. “As Judges, you are stewards of the legal system who play a vital role in managing cases efficiently and maintaining the highest ethical standards to foster public confidence in the justice system”, he noted.
His Lordship Justice Kweku Ansah(J) contributing to the training
Justice Lodoh’s presentation covered subtopics including the significance of commercial justice within the legal system, the role of the courts in administering commercial justice and the application of artificial intelligence (AI) in commercial justice decision making. On the latter, he encouraged Judges and Magistrates to embrace technology to enhance their work while remaining mindful of its limitations.
“There are many AI applications that can assist us in legal research and help reduce our workload. However, AI cannot weigh moral, cultural or contextual factors. It does not replace judicial reasoning and public trust depends on humans. Judges must therefore remain responsible for their rulings”, he cautioned.
The workshop included hands-on case studies, practical scenarios and experience-sharing sessions to enrich participants understanding and strengthen their application of ADR and commercial justice principles in their courts.