Validation On ADR Judicial Service Research

The use of Alternative Dispute Resolution (ADR) has, today, been observed as the fastest mechanism in reducing pending cases in the adjudication process in the administration of justice in this country.

This was disclosed in Accra, by Ms Sandra Thompson, the Director of Judicial Reforms and Projects of the Judicial Service of Ghana, when she delivered her opening remarks at a workshop on the subject 'validation on the report of a study into ADR mechanism and access to Justice for the poor and  vulnerable in the Society.'

She revealed that the Judicial Service (JS) in March 2008 commissioned a baseline into barriers to access justice delivery in Ghana. The survey showed that several factors accounted for the limited use of the magistrate courts. Examples are; poverty, look of legal aid service, delay due to obsolete equipment used and ignorance of the court system.

'Based on the findings, the Judicial Service tasked the Justice and Human Rights Institute (JHRI) to assess the extent to which the poor and vulnerable are assessing and using the Court connected ADR programmes and commissioned a study to explore mechanisms for generating funds for the payment of honoraria to Mediators/Neutrals and recommendation to be made to Judicial Service on the best options for raising next this important aspect of promoting ADR in dispute resolution; she added.
Ms Sandra, further, revealed that section 72 of the court Act, 1993 (Act 459) provides that any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate settlement of disputes in an amicable manner between and among persons over whom they have jurisdiction.

In this vein, the section preceded that when a civil suit or proceeding is pending, any court with jurisdiction in that suit may promote reconciliation among the parties and facilitate the amicable settlement of the suit or proceeding.

With regard to criminal cases, Ms Sandra said that section 73 of the court act provides that any court, with Criminal Jurisdiction may promote reconciliation, encourage and facilitate settlement in an amicable manner of any offence not amounting to a felony and not aggravated in degree, on payment of compensation or on other terms approved by the court before which the case is tried.

Mr Samuel Bosompem, Director/Member JHRI said that the target of their study was for the poor and vulnerable in selected communities in the Greater Accra, Northern, Upper East and Upper West regions.

The selected communities were Madina and Amasaman in Greater Accra Region, Navrongo in the Upper East Region, Lawra and Tumu in the Upper West Region and Tamale, Bimbilla and Damango in the Northern Region. 'The purpose is to assist the Judiciary deputy appropriate strategies to improve access for the poor and the vulnerable', he said.

He also observed that most of the interviewees refrained from proceedings because of what they claimed as 'bad' experiences, which include long delay, high cost, perceived corruption and breakdown of Social relationships consequent to court litigation at the court.

The researchers recommended on a tradition of marking ADR Week annually and urged media to publicise and highlight its importance to the nation's democracy.

Ms Sandra Thompson commended DANIDA for promoting Good Governance and Human Rights Programme to the Judicial Service.