Use chiefs to stop disputes from flooding Ghana’s courts – Deputy AG to governing council of ADR

The Alternative Dispute Resolution (ADR) Council has been urged to bring chiefs into the formal dispute-resolution process as part of efforts to prevent Ghana’s already burdened courts from being overwhelmed by cases.

Deputy Attorney General and Minister for Justice, Dr Justice Srem-Sai, says traditional authorities, who have resolved disputes in their communities for generations, must become a critical part of Ghana’s ADR system. National Petroleum Authority+1

He wants the newly constituted council to move beyond Accra and use its powers under the ADR Act, 2010 to decentralise dispute resolution to the regional and district levels.

“Make sure that disputes don’t flood and overload the courts,” the Deputy Minister told the council.

He said the law provides for the certification of arbitrators and requires the ADR Centre to work with traditional councils across the country.

According to him, the arrangement reflects the important role chiefs continue to play in resolving disputes, despite the existence of the formal justice system.

“The job of this council is to find a way to build a transmission point between really customary way of resolving disputes and also what the known formal ways of resolving disputes,” he said.

The Deputy Minister believes closer collaboration between traditional authorities and the formal ADR system could make justice more accessible while reducing the number of disputes that end up in court.

He contrasted ADR with litigation, arguing that alternative dispute resolution offers parties a better opportunity to preserve relationships after a dispute.

“ADR is more amicable and ensures that relationships are lasting and enduring, sustainable relationship but courts gives yes or no answers,” he said.

He said disputes are inevitable, even within families, making effective mechanisms for managing them essential.

He explained that Ghana’s ADR framework provides alternatives to litigation through arbitration, mediation and customary law arbitration.

The ADR Act, 2010 established the legal framework for resolving disputes outside the courtroom and also created the ADR Centre.

The Deputy Minister urged the council to take the customary law component of its mandate seriously rather than limiting its operations to Accra.

He said integrating chiefs into the process would help connect Ghana’s traditional dispute-resolution structures with the formal justice system and ultimately reduce pressure on the courts.

The members of the governing council were selected through a process involving Parliament and include professionals who have distinguished themselves in their respective fields.