Mediation essential pillar of a balanced and responsive justice system 

By Morkporkpor Anku  

Accra, Nov. 4, GNA – Chief Justice Gertrude Torkornoo says mediation is an essential pillar of a balanced and responsive justice system and can significantly enhance access to justice.   

“Let us all continue to promote mediation and create a stronger, more responsive justice system for each one of us,” she said. 

Chief Justice Torkonoo said this in a speech read on her behalf by Justice Patricia Quansah, a High Court Judge, at the launch of “The Mediation Bridge,” an alternative dispute resolution company. 

She said mediation stood as a vehicle of hope in the quest for equitable access to justice and it offered a pathway to a solution that was not only efficient but also empowering for individuals seeking to resolve their disputes. 

The event was on the theme: “The critical role of mediation in enhancing access to justice by reducing the burden of the  

formal court system.” 

She said mediation, as known, bridged the gap that was often left unfilled by the formal court process in Ghana and in an era where the courts were overwhelmed and overloaded with documents, mediation emerged as a beacon of efficiency and accessibility. 

The Chief Justice said within the concept of alternative dispute resolution discourse, mediation was a non-adversarial proceeding and a voluntary process in which a neutral arbiter helps to clarify each of the parties’ positions, strengths and weaknesses.  

She said the mediator helped the parties generate options for a mutually satisfactory solution and while it might not be too easy to explain all the intricacies involved, in any simplest form, mediation denoted substantial elements of confidentiality and informal ways of resolving disputes much more quickly.  

She said in mediation the process was significantly controlled by the parties themselves to reach a central point, however, the parties may choose either to terminate or proceed at any stage with an inherent right to negate if an acceptable agreement was not reached. 

Chief Justice Torkonoo said Ghanaian courts offered alternative dispute resolution to resolve disputes outside of the traditional formal court system. 

She said the growing volume of cases in Ghanaian courts had induced stakeholders in the legal community to look for alternative dispute resolution methods to litigation and that was why Mediation Bridge was introduced. 

“We rely on you to provide judges and magistrates in Ghana with dispute resolution training as you have been doing and we thank you for that,” she added. 

“Mediation not only fosters quicker resolution but also empowers the individuals by promoting collaboration, empathy and mutual understanding and this process reduces conflicts, restores relationships and leads to outcomes tailored to the specific needs and interests of the parties involved,” she added. 

Mr Christopher Essilfie, the President of The Mediation Bridge, said the initiative was a significant milestone in the quest to foster community dialogue, understanding, and harmony. 

He said mediation had long been a cornerstone of the cultural heritage, deeply embedded in the traditional practices.  

Historically, it has served as a vital mechanism for resolving disputes and maintaining peace among our people. 

He said the formal law courts may be overwhelmed with  

cases and yet the disputes being settled by traditional leaders in their Palaces far outnumber the cases in the formal courts. 

“And these leaders resolve disputes very often with Win-Win outcomes, bringing Peace to Homes, Families and Communities. These are also done with little or no cost to parties,” he added. 

He said this had empowered traditional leaders to approach conflicts with wisdom, patience, and a sense of communal responsibility, creating solutions that honour cultural values and strengthen the bonds between individuals and families. 

“The wisdom of our ancestors teaches us that dialogue is far more powerful than discord, and that collaborative problem-solving is key to a harmonious society,” he added.  

He said the power of Chiefs had significantly been diminished and the straw that broke the camel’s back was the withdrawal of Section 63 of the Chieftaincy Act. 

Mr Essilfie said as a country “we can gradually transition from litigation to more constructive avenues for resolving conflicts and this shift is essential for reducing the strain on our legal systems and for promoting a culture of understanding and respect, allowing us to resolve disputes in a way that honors our traditions.” 

He said the launch of The Mediation Bridge created the  

opportunity to deepen commitment to peaceful resolution and cultural collaboration. 

GNA