Date: Jul 31 , 2019 .BY: Benjamin Xornam Glover
The term Alternative Dispute Resolution (ADR) means any procedure
agreed to by parties of a dispute in which they use the services of a neutral
party to assist them in reaching an agreement and avoiding litigation.
Dr Nicole Fox (2nd left) interacting with Chief Superintendant Samuel Amissah, the Ashaiman Divisional Commander, Ghana Police Service
Types of ADR include arbitration, mediation, negotiated rule making, neutral fact-finding and mini-trials.
With the exception of binding arbitration, the goal of ADR is to provide a forum for the parties to work towards a voluntary, consensual agreement as opposed to having a judge or other authority decide the case.
In addition to serving as a potential means of avoiding the expense, delay and uncertainty associated with traditional litigation, ADR is also intended as a vehicle for improving communication between the parties. ADR provides a forum for creative solutions to disputes that better meet the needs of the parties.
ADR centres
The Ashaiman Municipality currently has four ADR centres which use ADR procedures, and this has helped in reducing the number of cases that go to the police and the courts.
One of the centres is the Ashaiman Inter-Community Mediation Centre, which recently received a team of 12 students and three faculty members from the Division of Criminal Justice,
Since its establishment 19 years ago, the centre has complemented the courts in delivering justice to people in the community instead of resorting to the courts and the police.
The cases handled by the centre include disputes between landlords and tenants, land disputes, child maintenance, debt collection, among other trial issues.
Commendation
In an interview with journalists at Ashaiman during the visit, Prof. Uwazie commended
Prof. Uwazie, who is also the Director of the Centre for African Peace and Conflict Resolution, said: “I believe what is going on here in
“What we have witnessed here is very much anchored within the community and creates access to justice by the poor people who may not be able to use the courts or for whom the courts and the police service may not be a suitable option for them for one reason or another.”
“It is also anchored within the African culture in terms of peacemaking by community members,” he added, stressing that it was that aspect of learning that brought the students down to Ghana to learn about the justice system to give them a better appreciation instead of reading about it in books and from other sources.
The visit was part of their tour of
Comparative justice system
Another leader Dr Nicole Fox of the Criminal Justice Division of CSUS, also commended Ghana for including ADR in its justice system, stressing that ADR was very promising and a way forward for many communities where access to justice was a major challenge.
She said
Ms Gabriella Wofford, a second-year Criminal Justice Student of CSUS, described the tour as very insightful, stressing that unlike in the US where people had only the courts and police to go to, the ADR mechanisms and systems here in Ghana had exposed her to some mediation tactics which could be used back home to resolve issues before they escalated into other processes.
Success rate
The Head of the Ashaiman Inter-Community Meditation Centre, Mr Victor K. Nyadi, who briefed the team, said since its establishment in the
Mr Nyadi said the success rate generally had been encouraging since usually, the parties to the ADR procedures agreed to the negotiated settlement.
As part of the faculty-led study at Ashaiman, the students from the
Writer’s email: benjamin.glover@graphic.com.gh
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