77,264 Cases mediated through ADR — Judicial Service
The Judicial Service has mediated 77,264 cases through its court-connected Alternative Dispute Resolution (ADR) programme since it began in 2005.
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Out of the figure, 36,191 cases, representing 47 per cent, were successfully settled.
In line with this development, trial judges and other paralegals have been urged to advocate ADR as an option for litigants whose cases qualify for such settlements.
The Judge in charge of ADR at the Judicial Service, Justice Angelina Mensah-Homiah, made this known at a public durbar in Cape Coast, Central Region.
The durbar was aimed at sensitising the public to the benefits of ADR and the need for them to opt for such an arbitration method to help reduce pressure on the traditional court system.
In attendance were traditional rulers, legal practitioners, staff of the judicial service, faith-based organisations among others.
Justice Mensah-Homiah, who is also a Justice of the Court of Appeal, said mediators in the Central Region received 1,665 cases, out of which 534 cases, representing 32 per cent were settled.
Advantages
The judge mentioned some of the advantages of the ADR concept to include making access to justice cheaper, easier, expeditious, non- adversarial, reliable and faster for the citizenry.
"It has also helped reduce the backlog of cases in the courts substantially,” she added.
The durbar in Cape Coast
Justice Mensah-Homiah further said that after 19 years of the implementation of the ADR with demonstrable, verifiable success, it was expected that the system would not only be a complement to the justice delivery system but a major go-to option for seeking justice as long as the nature of a case permits.
However, court-connected ADR, including commercial disputes which she described as judge-driven and party-led, required the active support of all trial judges, magistrates and other judicial officers, adding that the ADR foundation would develop cracks and collapse if the actors remained passive and indifferent.
"Judges and magistrates are enjoined to encourage settlement of cases except those which by law cannot be settled.
Therefore, in preparing towards the ADR Week in this legal year term — March18-24, 2024, it is the duty of every trial judge to direct his or her registrar to compile a list of cases amenable to settlement and notify the parties accordingly,” Justice Mensah-Homiah said.
While appreciating mediators, she cautioned "bad lots" not to receive payments whether in cash or kind from disputants.
She said the judicial service was working towards increasing the number of mediators and that approval had been given for setting up community mediation centres on a pilot basis.
Number of courts
A Supervising High Court Judge, Justice Kofi Akrowiah, said the region had 17 ADR connected courts, including two district courts and 15 circuit courts.
He advocated more courts to be connected to the ADR programme.
The Director of the ADR at the Judicial Service, Alex Nartey, said such durbars would continue to be held to ensure many citizens understood the advantages of ADR to ease the pressure on the traditional courts.
