Mediation essential pillar of a balanced and responsive justice system 

By Morkporkpor Anku 

Accra, Nov. 5, 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 they all recognize that conflicts and disputes are an inevitable part of life, whether in the homes, business environments, or broader communities. 

He said the establishment of this institution highlights their firm commitment to offering a platform where disagreements can be settled amicably and fairly. 

The President said the Mediation Bridge stands not only as a physical space but also as a beacon of hope and progress, where conflicts meet common ground, conversations take the place of confrontations, and peace triumphs over discord.

Mr Essilfie said in a time when the country’s judicial system faces a backlog of cases, effective mediation helps ease this burden and creates a path for parties to continue their business relationships even after disputes are resolved.

“For us, mediation is more than just a process; it reflects our belief in the transformative power of communication and mutual respect,” he added. 

He said mediation offers individuals, businesses, and communities a chance to be heard, respected, and empowered to shape their outcomes. 

“This is especially crucial in our business sector, where trust and collaboration are the bedrock of successful partnerships and long-term relationships,” he said.

The President said mediation sessions remain private, allowing participants to openly discuss issues without the concern of public scrutiny. 

Mr Essilfie said this privacy promotes honest communication and collaboration.

“Together, we can drive positive changes and strengthen our nation’s dedication to peace and justice. We believe that open dialogue and understanding will create a more harmonious commercial landscape,” he added.

Nana Barima Fi III, Kyidomhene of Breman Traditional Area said they all recognize that conflicts and disputes are an inevitable part of life, whether in the homes, business environments, or broader communities. 

He said the establishment of this institution highlights their firm commitment to offering a platform where disagreements can be settled amicably and fairly. 

He said the Mediation Bridge stands not only as a physical space but also as a beacon of hope and progress, where conflicts meet common ground, conversations take the place of confrontations, and peace triumphs over discord.

He said In a time when the country’s judicial system faces a backlog of cases, effective mediation helps ease this burden and creates a path for parties to continue their business relationships even after disputes are resolved.

GNA