Judicial Service holds sensitization forum on ADR at Asesewa

Asesewa (ER), Feb. 21, GNA - Mr. Alex Nartey, National Court-Connected Alternative Dispute Resolution (ADR) Coordinator, said litigation through the courts, dispute resolution bequeathed to Ghanaians by the colonial administration, was adversarial, aggressive, confrontational and divisive. He observed that the main objective of parties involve in disputes was to win their cases at all cost, resulting in enmity among them. Mr Nartey was speaking at a sensitization forum on the Court-Connected ADR for a cross section of the people at Asesewa in the Upper Manya Krobo District.

He said trials of cases in court were characterized by unfriendliness, competition, hostility and acrimony and in some cases destroying good family relationship.

Mr. Nartey said before the introduction of litigation in the courts, chiefs, head of families and communal leaders settled disputes peacefully applying the traditional method of dispute resolution, which was characterized by the application of unwritten and flexible rules founded on the customs and traditions of communities. "In general disputes settled by the chief or the family head was invariably accepted by the disputants, who abide by the decision, because of the respect commanded by the chiefs and family heads". Mr. Nartey said research had shown that litigation had not been able to address the needs of society in managing disputes since it was characterized by interminable delays.

He said court hearings were public with no privacy except under certain conditions thus making people withhold material information which may be crucial to the outcome of the case.

"People value their privacy and this is what the Court-Connected ADR offers to disputants in the court," said Mr. Nartey.

He observed that in litigation, judges were bound to apply strict rules since they were time bound adding that most times court rules did not allow evidence on emotional matters like injure feelings, resentments, anger and shame unless the nature of the case called for its inclusion. Mr. Nartey said litigation had become costly in both financial and emotional terms to parties and sometimes to family members. "The high cost of litigation remains a threat to effective access to justice since the very poor may not afford the cost unless through the legal aid system.

Mr. Nartey said under the Court-Connected ADR, disputes could be settled early and cited the settlement of 326 cases within one week during it week's celebration.

He said the Court-Connected ADR was able to strike out about 1,000 cases within that period "something that is not possible in the court system". 21 Feb.10