Koforidua, July 18, GNA – The Judicial Service of Ghana has intensified its campaign to promote Alternative Dispute Resolution (ADR) as a strategic solution to the overwhelming backlog of cases in the courts.
As part of the pre-ADR week sensitization programme, Justice Angelina Mensah-Homiah, Justice of the Court of Appeal and Judge with Oversight Responsibility for the Court-Connected ADR, led a delegation on Thursday to engage the New Juaben Traditional Council and Queen Mothers on ADR mechanisms.
Addressing the council in the eastern regional capital, Koforidua, she stated that customary arbitration, long practiced by traditional authorities, was recognised under the ADR Act 2010 (Act 798) as a legitimate form of dispute resolution mechanism.
“The difference between customary arbitration and court-connected mediation is that the customary arbitrator renders an award, while the mediator facilitates agreement between parties,” she explained.
She advised that all customary arbitration must be conducted in accordance with the ADR Act 2010, Act 798, emphasing; “It must be a voluntary act. If the person does not submit to customary arbitration, the award becomes problematic.”
According to the law, if both parties pay a token within 21 days, it constitutes acceptance to submit to arbitration.
She urged traditional leaders to ensure that customary arbitration remained voluntary and legally compliant, clarifying that “If a person does not pay the token within 21 days, it means they do not wish to submit to customary arbitration. You cannot compel them.”
“But when both parties pay the token, it constitutes acceptance, and the award becomes binding,” she added.
Justice Mensah-Homiah also cautioned against the misuse of ADR in cases that are legally non-negotiable, saying; “Matters involving constitutional interpretation, serious criminal offenses like murder, rape, and defilement, or environmental crimes such as illegal mining(galamsey), cannot be resolved through ADR. The law must take its course.”
She decried emerging illegal settlement practices in cases of drug abuse where offenders pay off middlemen to avoid prosecution. “Matters that have to go to court must be tried under the law. If they cannot be settled, they cannot be settled.”
Highlighting the strain on the justice system, Justice Mensah-Homiah revealed that some courts were inundated with up to 800 cases daily and that ADR could serve as relief.
“ADR helps resolve cases quickly, preserves relationships, and saves money,” she noted. “In one court, you may have 700 to 800 cases. If even 100 are settled through ADR, it frees the courts to handle more complex matters.”
She added that ADR was not only a tool for justice but also a safeguard against societal breakdown. “If matters are delayed in court, people may resort to taking the law into their own hands.”
She described ADR as a “pillar of justice,” vital in reducing litigation delays and promoting societal harmony.
“You choose ADR, you resolve your disputes. Within a month or two, you are free to attend your business. It saves you money. It preserves relationships,” she stressed.
Daasebre Kwaku Boateng III, Omanhene of New Juaben Traditional area, commended the Judicial Service for the initiative and pledged the support of traditional leaders for a increased adoption ADR.
“There is a need for traditional authorities to adopt alternative means of resolving disputes among citizens, such as court-connected ADR,” he said.
The sensitization event forms part of the Judicial Service’s annual ADR Week, slated for launching on Monday, July 21, 2025, under the theme “Building the Pillars of Justice Delivery through Alternative Dispute Resolution.”
The programme will kick off with a press briefing at District Court ‘A’ in Koforidua, where the Acting Chief Justice Paul Baffoe -Bonnie is scheduled to address the media.
Activities include mass mediation sessions at 138 ADR-connected courts nationwide, media engagements by ADR coordinators, and sensitization campaigns targeting court users, judges, magistrates, and mediators, particularly within the Eastern Region.
A notable addition this year is the pre-ADR week programme, designed to deepen broader stakeholder engagement and intensify public education on the benefits of ADR in expediting justice delivery.
GNA
Edited by D.I. Laary/Christian Akorlie