Her Ladyship Justice Angelina Mensah- Homiah addressing the participants
The Chief Justice, Gertrude Araba Essaba Sackey Torkornoo, has urged all stakeholders – legal practitioners, business leaders, policymakers, and citizens to champion the Alternative Dispute Resolution (ADR) mechanism.
She stated that, embracing ADR as a core component of commercial justice will ease the burden on the courts and contribute to a resilient economy.
“By resolving disputes in a manner that respects the interests of all parties, ADR strengthens our commercial environment, making it one where businesses can thrive, and justice is both accessible and efficient,” she explained.
The Chief Justice said this in an address read on her behalf by Her Ladyship Justice Angelina Mensah-Homiah, Justice of the Court of Appeal, during the opening of this year’s ADR Week celebration at the forecourt of the Appeal Court in Kumasi on Monday, March 17, 2025.
The legal year term’s ADR Week Programme of the Judicial Service of Ghana is being held from Monday, March 17 to Friday, March 21, 2025, under the theme: “Building the Pillars of Justice Delivery through Commercial Justice ADR”.
Alternative Dispute Resolution mechanisms, she disclosed, have continued to be embraced in management of disputes in many sectors owing to their inherent advantages. “ADR mechanisms are less adversarial and thus have the ability to reconcile parties and preserve relationships beyond the dispute management process,” she said.
The Chief Justice noted that ADR will reach its full potential only when the courts support its outcomes, assuring the gathering that the Judiciary, under her leadership, is fully committed to supporting any ADR mechanism that helps to calm tensions and foster resolution in the commercial settings.
“Our purpose is to promote and uphold peace among disputing parties. The disadvantages of litigation are not something we take pleasure in them. Together with my fellow judges, we are building a robust system of judicial enforcement that respects ADR decisions that inculcates confidence in the process, making ADR a reliable mechanism for achieving commercial justice,” Her Ladyship Justice Gertrude Sackey Torkornoo stressed.
While ADR holds great promise, she admitted that certain challenges persist, with many businesses and individuals still not aware of ADR’s potentials or remain hesitant to forego traditional litigation.
“To foster a deeper commitment to ADR, we will ensure that ADR professionals receive robust refresher training and that the public is educated on the advantages of ADR in managing financial disputes. We started this exercise two weeks ago by engaging various stakeholders in the business community-cocoa cooperative societies, traders’ associations, savings and loans institutions, association of garages, etc. In our next engagements, we would target the transport associations and other groups,” she noted.
The Case for ADR in Commercial Disputes
The establishment of Commercial Courts in Ghana and pre-trial settlement conference, she disclosed, has proven successful and has shortened delays to commercial dispute resolution.
“The need for expeditious resolution of Commercial and Other disputes is underscored in Order 58 of the High Court (Civil Procedure) Rules, 2004, CI 47 as amended by CI 133; Order 32 of CI 47 as amended by CI 133; and The District Court Rules, CI 59, as amended by CI 134. These procedural rules make it mandatory for Judges and Magistrates to enquire from parties who appear before them, whether they are willing to have their cases settled through ADR. It is also the duty of Judges and Magistrates to educate court users on settlement of disputes through alternative means such as mediation, arbitration,” she noted.
The Chief Justice stated that Court Connected Alternative Dispute Resolution (CCADR) has shown remarkable potential in protecting economic stability in Ghana by allowing for negotiated settlements.
CCADR, she added, has helped parties manage obligations realistically, balancing creditor recovery with debtor protection. ADR mechanisms, she stressed, has also provided the flexibility for parties to agree on fair interest rates and terms, aligning resolutions with market realities.
According to the Chief Justice, by encouraging ADR in commercial disputes, Ghana can foster a more cooperative and cost-effective approach to justice, strengthening its appeal as a stable environment for both local and foreign investment.
Activities earmarked for this week’s event include: mass mediation of cases at all the 138 ADR connected courts across the nation; nationwide media engagements on ADR by ADR coordinators; sensitisation of court users in all courts; and sensitisation of judges, magistrates, staff and mediators in Ashanti Region.
The objective of the ADR Week programme is to educate and sensitise the general public and stakeholders about the importance of ADR and how court users can access the services of ADR for a speedy resolution of cases.
FROM David Afum, Kumasi