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Government urged to help make arbitration centres attractive

Chief Justice Georgina WoodThe Chief Justice, Mrs Justice Theodora Georgina Wood, says there is the need for the government to put in place the necessary structures and systems to make arbitration centres attractive destinations for disputants.

She said Alternative Dispute Resolution (ADR) had played and would continue to play a significant role in the fulfillment of constitutional responsibilities in Ghana.

‘‘Whenever there had been the need to reduce the backlog of cases inundating Ghanaian trial courts, ADR, as a core complementary component of the justice administration system, has aptly been deployed as an appropriate tool in this direction,’’ Mrs Wood said.

The Chief Justice was addressing the closing session of a training programme on arbitration in ADR at the Marian Conflict Resolution Centre (MCRC) at the Catholic University College of Ghana (CUCG), Fiapre, in the Sunyani West District of the Brong Ahafo Region.

About 90 persons, made up of lawyers, members of the Legal Aid Board and other individuals in the Brong Ahafo Region attended the five-day training programme.

The programme was facilitated by renowned judges, professors and other legal brains from the USA, Australia and Malta. They were led by Judge Dennis Lynch and Professor John D. Feerich and their local counterparts. It was organised jointly by the Sunyani Catholic Diocese, CUCG, Giving to Ghana Foundation and the Fordham Law School, USA.

The aim of the session, which was the third in the series to be held in the region, was to equip the participants with the fundamental knowledge and skills required in arbitrating disputes.

The participants discussed basic definitions in arbitration, contrast differences with negotiation, mediation and arbitration, review of Ghana’s arbitration laws and development of arbitration in Ghana and contrast with arbitration in America today, and other topics.

ADR

The Chief Justice said globally, ADR had already caught on as the recommended mode of dispute resolution, with arbitration being the predominant mechanism in commercial dispute settlement.

She also said experience had shown that arbitration found favour among the business community in Ghana and particularly among foreign investors who might not be too comfortable resorting to foreign courts for adjudication of disputes.

Mrs Wood indicated that over the last several years, the Judicial Service of Ghana had embarked on innovative reform initiatives as a means of ensuring that justice delivery in Ghana was redefined to make it speedy, efficient, effective, more people-focused, and result-oriented.

She declared: ‘‘The Judiciary, as you know too well, has the sole responsibility of interpreting the Constitution and laws of Ghana and administering justice, with a view to promoting the rule of law and democratic governance. By no mean standards, this is a grave responsibility but ADR has played and will continue to play a significant role in the fulfillment of our constitutional responsibilities.’’

The Chief Justice urged the participants to value the knowledge gained during the period and over the years at the MCRC and prayed that they put it to effective use either as lawyers representing clients in arbitration or as arbiters under the auspices of the MCRC, whenever they were called upon to do so.

‘‘Let me reiterate the commitment of the Judicial Service of Ghana to support this project in whatever ways we are capable of and to extend my appreciation to the MCRC for your efforts in helping to take some of the burden off the courts, through the propagation of ADR as an alternative to courtroom adjudication,’’ she stated emphatically.

The Catholic Bishop of Sunyani, Most Reverend Matthew Kwasi Gyamfi, also advised the participants to apply what they had learnt to foster unity in Ghana.

‘‘Live reconciliation and do all you can to reconcile our society at a time we most need reconciliation.  Yes, you can and do not underestimate what you are capable of doing,’’ he said.

By Akwasi Ampratwum-Mensah/Daily Graphic/Ghana

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