Is ADR Legalized In Ghana By The Judicial Service?
Yes, Alternative Dispute Resolution (ADR) is legalized and actively promoted in Ghana by the Judicial Service. The primary legal framework for ADR in Ghana is the Alternative Dispute Resolution Act, 2010 (Act 798).
Here’s a breakdown of how it’s integrated:
- Legal Framework: The ADR Act, 2010 (Act 798) provides a comprehensive legal framework for various ADR methods, including arbitration, mediation, and customary arbitration. This Act aligns with international standards, such as the UNCITRAL Model Law.
- Court-Connected ADR (CCADR): The Judicial Service of Ghana actively promotes Court-Connected ADR (CCADR). This means that courts can refer cases to ADR processes, particularly mediation, to help parties reach amicable settlements outside of traditional litigation. This is done to alleviate court congestion and enhance access to justice.
- Establishment of ADR Centre: The ADR Act also provides for the establishment of an Alternative Dispute Resolution Centre to facilitate arbitration and other ADR methods.
- Promotion and Sensitization: The Judicial Service frequently organizes workshops and sensitization programs for court officials, lawyers, and the public to encourage the use of ADR mechanisms.
- Integration into Court Rules: ADR is further integrated into the judicial system through rules like the High Court (Civil Procedure) Rules, 2004 (C.I 47), which mandates pre-trial settlement conferences in commercial courts, and the High Court (Civil Procedure) (Amendment) Rules, 2020 C.I. 133 and District Court (Amendment) Rules, 2020 (C.I. 134).
In essence, ADR is not only legalized but is also a significant and growing part of Ghana’s legal and judicial system, with strong support and promotion from the Judicial Service.