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General News of Tuesday, 3 May 2011

Source: GNA

Chief Justice receives award

Accra, May 3, GNA - The Chief Justice, Mrs. Justice Georgina

Theodora Wood, has stressed the importance of Alternative Dispute

Resolution (ADR) as an enduring feature of Ghana's legal system and one

that promises an improved and qualitative access to justice for all

Ghanaians. The Chief Justice made this assessment when she delivered the keynote

address on 93Alternative Dispute Resolution in Africa: The Ghana

Experience", at an awards dinner hosted by the Centre for African Peace

and Conflict Resolution (CAPCR) and Pan African Studies at the California

State University, Sacramento where she was honoured with the Centre's

2011 Peace Award. The award is the Centre's highest recognition of individuals whose w= ork

has contributed to peace-building and justice in/on Africa or the Diaspora in

exceptional ways. A statement issued in Accra by the Judicial Service said the award

underscored the Chief Justice's exemplary public and national leadership in

promoting and integrating Alternative Dispute Resolution (ADR) in the

reform of Ghana's judicial system and improving access to justice. Mrs. Justice Wood said in 2003, under the auspices of the National

Governance Programme (GNP), a judiciary ADR Task Force developed the

voluntary Court-Connected ADR model which was operational in all courts

apart from the commercial courts which practiced a mandatory model. "Mediation thus serves as the primary alternative to litigation for the

many ordinary citizens who access the courts for justice and yet lack the

financial resources to engage in endless litigation, so to speak. It thus w= orks

well in the lower courts in particular where the caseload is higher and mor= e

amenable to out of court settlement," the CJ said. The most successful model of the court connected ADR is found in the

commercial court. The courts which were established in 2005 afford investors in particul= ar,

the timely disposal of commercial and other investment related disputes. As part of the practice and procedure of the court, parties are mandat= ed

at the pre-trial settlement conference to explore the possibility of full o= r

partial settlement of their dispute. The Chief Justice said despite the success of ADR as an adjudicatory

tool, its implementation still faced challenges. "Challenges include the apathy of a legal fraternity that owing to the kind

of legal education members had received, tends to prefer litigation to ADR.

We do have judges and magistrates who in spite of the effectiveness of

ADR as a case management tool, tend not to invest time in promoting and

encouraging its appropriate use." The Chief Justice has provided ADR training locally for judges, lawyer= s,

the Ghana-American Chamber of Commerce and also Civil Society

Organisations. Her expertise in the subject has also been utilised externally. She co= -

authored the Practice Manual on the Gambian Court-Connected ADR

Programme and also provided training for the Gambian Bench, Bar and

court officials. The Faculty of Law of the University of Ghana, in celebrating its 40th

Anniversary in 1999, at which it conferred on her an honorary award for her

outstanding judicial career, cited for special mention her pioneering role in

the establishment of ADR as part of Ghana's judicial system. The statement said prior to addressing the awards dinner, the Chief

Justice attended the 20th Annual Africa/Diaspora Conference hosted by the

Centre at the California State University, Sacramento from April 28-30. The conference is a signature event in the western United States that

examines critical issues of strategic importance to Africa and the African

Diaspora.