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Friday, February 5, 2010

ADR Sensitization Programme Held

The Management of the Court-Connected Alternative Dispute Resolution (ADR) of the Judicial Service last Friday held a sensitization programme for members of the general public to educate them on the alternative means of settling dispute other than the courtroom.
Following the numerous complaints about the bloated number of cases needed to be resolved at the court and delays associated with them, members of the judicial service however met to strategize new ways of reducing the load and to facilitate proceedings at the court.
The programme which was held under the theme “Court-Connected ADR: Access to Justice Made Simpler” witnessed the attendance of some Greater Accra traditional Chiefs, Greater Accra Association of Market Women, Representatives from Commission on Human Rights and Administrative Justice (CHRAJ) and other stakeholders.
Speaking at the programme, Justice Marful-Sau an appointed Judge of the ADR said that there was a need for members of the Judiciary to visit the olden days where Chiefs settled disputes before the British Colonist introduced Ghanaians to justice in the court.
According to him, though the litigation system has been in existence for over 100 years, research has shown that it has not been very successful with its accompanying waste of time and the high cost of money involved.
Unlike the litigation system, he explained, ADR the does not enforce the procedures of the court thereby allowing affected parties resolve their own issue which final conclusion would eventually be entered into the books of the Court Judge as the judgement biding the parties.
Briefing them about the ADR procedure, Justice Marful-Sau said that when a registered court case is about to start or have began; parties involved may opt for ADR as a means of settling their issue face to face or continue with court trial.
In ADR method, he said , the court judge would appoint a trained mediator for the affected parties or any trained mediator of their choice together with or without their represented Lawyers to facilitates their discussion into settlement but not responsible for deciding the outcome of the dispute.
On the other hand, he stated, if the parties involved are unable to resolve the dispute under the ADR, they would be given the chance to go back and settle in court.
He as well mentioned also that, because the Judicial Service wants ADR to avoid of delaying cases or piling them up, selected court using ADR have been given the mandate to issue timeframe from which cases form commercial court would have 30 days of settlement and other courts would have at most two months.
Statistically, Justice Marful-Sau declared, since the inception of ADR in 2005, the institution has chalked number of successes in settling cases brought before it.
Numerating the importance of ADR, Nene A.O Amagatcher, a lawyer and a consultant for ADR, disclosed that the new system unlike the court proceedings are held in private, it saves much time and cost, promote good interpersonal relationship and give the parties involved the chance to solve their problem in an understandable language.
He informed the general public that the ADR settle criminal cases and civil cases including claims for debt, land matters, probate and administration with the value not exceeding GH¢5,000, injunctions, landlord and tenants cases among others.
Amagatcher clarified that mediators are not be made of lawyers alone but includes Chiefs, teachers, accountants, opinion leaders among others in order to help affected parties understand what they are doing.
He has however assured members of the general public to have confident in the ADR system since stricter measures such as contempt of court or breach of confidence would be meted out anyone who go contrary to agreement during the settlement.

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