Court of Appeal Judge makes case for hybrid court-connected ADR to deal with varying needs of parties

A Justice of the Court of Appeal, Justice Angelina Mensah-Homiah, has advocated for a hybrid Court-Connected Alternative Dispute Resolution (CCADR) that will allow in-person and virtual processes.

This will help to accommodate the varying needs and preferences of parties.

Justice Mensah-Homiah, who has oversight responsibility for the CCADR Programme, of the Judicial Service, said in a post-pandemic era, ADR service providers need to be more flexible, creative, and adaptable to resolve disputes.

She said the resolution of disputes through adversarial systems was becoming increasingly complex and costly.

According to her, the ADR process was confidential because parties could avoid publicity and exposure associated with litigation, unlike normal court proceedings.

Cases such as rape, defilement, murder, and treason, among others, are excluded from the ADR Programme.

Justice Mensah-Homiah was speaking at the launch of this year’s Legal Year Second Term ADR Week at Achimota.

The weeklong programme, which started Monday, March 13, will end on March 17. Activities to be tackled during the week include mass mediation of cases at all 132 ADR Connected Courts across the country and nationwide media engagement on ADR-by-ADR Coordinators.

The week will also witness the sensitisation of Court users, Circuit Court Judges, Magistrates, Staff, and mediators of CCADRs in the regions.

Justice Mensah-Homiah said limited awareness and education about ADR constituted a challenge. She appealed to lawyers not to discourage their clients from opting for the settlement of cases through ADR.