Parties who accept to resolve their disputes through Court-Connected Alternative Dispute Resolution (ADR) have the right to choose who mediates their cases.
Although the selection of mediators could largely be influenced by the background of available mediators, the ultimate decision on who facilitates the process is a prerogative of the parties involved.
Justice Mrs. Angelina Mensah-Homiah, a Court of Appeal Judge with oversight Responsibility for ADR, who gave the explanation, said the concept of mediation was to provide a conducive atmosphere for the two parties to resolve their case themselves.
“The duty of the mediator is to facilitate a dialogue between the two parties for an amicable resolution of their differences,” Justice Mensah-Homiah emphasised during an interaction with the Ghana National Association of Garages in Kumasi.
The exercise formed part of series of engagements with the business community in the Ashanti Region ahead of the annual ADR Week celebration scheduled for March 17-21.
The celebration will be launched at the forecourt of the Court of Appeal in Kumasi on March 17 by the Chief Justice on the theme: “Building the Pillars of Justice through Commercial Justice ADR.”
Also engaged as part of the pre-activities for the celebration were the Association of Ghana Industries (AGI) and the Mt. Olivet Methodist Church at Abrepo Junction.
Justice Mensah-Homiah said there were benefits in resolving disputes through ADR, including saving money and time which were valuable resources for businesses and individuals.
It also ensures privacy, especially in marital and other personal matters, because ADR cases are not heard in open court, she noted.
She also explained that apart from the filing fee, parties would not pay any money to the court when they opted for ADR, making it very affordable.
Mrs. Christiana Puorideme, Chief ADR Officer at the ADR Directorate of the Judicial Service, said the ADR mechanism was introduced into the Ghana’s justice delivery system in 2005.
She said the goal, among others, was to reduce the case loads in various courts by ensuring expeditious disposal of cases eligible for resolution through ADR.
She implored the participants to explore the use of ADR to settle disputes so they could have ample time for their businesses.