538 CASES SETTLED THROUGH ALTERNATIVE DISPUTE RESOLUTION (Page 34)

26/11/2008
Story: Mary Mensah & Jennifer Dornoo

THE Alternative Dispute Resolution (ADR) settlement mechanism instituted by the Judicial Service disposed of 583 cases between January and September this year.
The cases were settled through mediation in nine district courts within the Accra /Tema metropolis.
Most of the cases had been pending before the law courts for more than 11 years but were settled within two hours or one week by the ADR mechanism.
The ADR was set up in 2003 to determine an appropriate ADR system for the Judicial Service with the aim of reducing the number of cases in the backlog in Courts, provide justice at cheaper, faster and more satisfactory ways to the poor and vulnerable in the communities.
The National Co-ordinator of the ADR, Mr Senyo M. Adjabeng made this known at a press briefing in Accra as part of activities commemorating ADR Week which started on Monday November 17, 2008.
He said most of the cases were civil cases such as property settlement, divorce, land litigation, family dispute and very minor criminal cases such as minor assault.
According to him, as part of the ADR Week, parties with cases pending in court who had not entered any appearance within the past 12 conservative months were afforded to appear in court or had their cases struck out for want of prosecution.
As a result of this summons exercise, more than 1,000 cases were struck out nation-wide during each term of the ADR week.
Mr Adjabeng said the ADR programme of the Judicial Service aims at offering parties in court an opportunity to resolve their disputes by means other than court room trial.
He said in recognition of the need for efficient mechanism for adjudication of cases pending in the courts, the Lord Chief Justice in 2003 set up the ADR Task Force with the objective to determine an appropriate and customised policy direction that incorporated the ADR in the court adjudication process.
Mr Adjabeng said the Task Force recommended the adoption of a court connected ADR system which would use private neutrals in mediating cases referred to the ADR by Magistrates and Judges.
He said based on the recommendations of the Task Force, the Lord Chief Justice issued a policy directive which adopted and incorporated ADR as part of the adjudication process of the Judicial Service of Ghana.
He said the ADR had become an available option to parties in disputes who filed cases in the courts or whose cases were already pending in court.
Mr. Adjabeng said in 2006, the Lord Chief Justice directed that the first week of each legal term be set aside as ADR week during which cases were referred to ADR in selected Magistrate courts to be settled through ADR, and especially through mediation.
He stated that the programme had proven to be one of the most suitable ways of making justice accessible to the poor in the districts and communities because it was free, voluntary, informal and faster for persons with cases before the courts.
He said the programme had resulted in the reduction of a backlog of cases pending before the law courts.
Mr Adjabeng mentioned delay in payments of allowances as some of the challenges facing the programme but indicated that DANIDA was in the process of setting up a fund to take care of the mediators and the ADR programme.