Kumasi: Justice Gertrude Sackey Torkornoo, Chief Justice of the Republic of Ghana, has urged court users nationwide to adopt Alternative Dispute Resolution (ADR) mechanisms for settling disputes, aiming to alleviate the caseload burden on the courts.
According to Ghana News Agency, the Chief Justice's remarks were delivered on her behalf at the inauguration of the 2025 ADR Week in Kumasi. She emphasized that not all disputes necessitate litigation, highlighting the prohibitive costs and time associated with trials that often leave valid claims unresolved. ADR in Ghana, governed by the Alternative Dispute Resolution Act, 2010 (Act 798), promotes methods such as arbitration, mediation, and negotiations as alternatives to traditional litigation.
Since the introduction of ADR mechanisms into Ghana's justice system in 2005, more than 38,000 cases have been resolved through court-connected ADR. The week-long celebration's launch, themed 'Building the Pillars of Justice Delivery through Commercial Justice ADR,' took place at the Court of Appeal's forecourt in Kumasi. Prior to the launch, officials from the ADR Directorate engaged with Kumasi's business community to highlight the significance of ADR in resolving commercial disputes.
The Chief Justice noted that ADR provides a flexible, cost-effective alternative to court proceedings, offering businesses an accessible path to justice. She mentioned that the establishment of Commercial Courts in Ghana and pre-trial settlement conferences successfully expedited the resolution of commercial disputes. Emphasizing the voluntary nature of ADR, she explained that parties can settle their claims and have the terms filed, with the court adopting these as consent judgments, ensuring finality.
She further stated that court-connected ADR holds significant potential for protecting economic stability by facilitating negotiated settlements. This approach enables parties to manage their obligations realistically, balancing creditor recovery with debtor protection. ADR mechanisms allow parties to agree on fair interest rates and terms, aligning resolutions with market realities.
Justice Mrs. Angelina Mensah-Homiah, Judge in-Charge of ADR, described ADR as the savior of modern justice delivery due to its substantial benefits compared to traditional litigation. The week-long celebration aims to encourage the business community to utilize ADR to resolve issues swiftly, allowing them to focus on their businesses. Emphasizing the unique advantage of ADR, she stated that it is the only dispute resolution mechanism that preserves or fosters new business relationships, making it particularly beneficial for the business community.
