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TABLE OF CONTENTS
Title
Page
Contents
Foreword
The Judicial Service of
Ghana-Mission Statement
Chapter One
What is Alternative Dispute
Resolution (ADR)
Alternative Dispute Resolution (ADR)
The Court Connected ADR
Nature and Characteristics of
Court Connected ADR
Benefits of Court Connected ADR
To the Parties
To the Judicial System
Drawbacks of Court Connected ADR
Cases Inappropriate for Court
Connected ADR
Chapter Two
Legal Mandate for Court
Connected ADR
Basic Legal Mandate
Courts Act 1993 (Act 459)
High Court Civil Procedure Rules
2004, C.1.47 Order 58 Rule 4
Legislation which provide for
ADR
Chapter Three
Court Connected ADR Methods
Negotiation
Mediation
Conciliation
Arbitration
Customary Arbitration
Med-Arb
Neutral Case Evaluation
Chapter Four
Key Participants in Court
Connected ADR Process
Parties
The National ADR Coordinator
Functions of the National ADR
Coordinator
The Regional ADR Coordinator
Functions of-the Regional ADR
Coordinator
ADR Officer
Functions of the ADR Officer
Neutral
Qualification of a Neutral
Disqualification of a Neutral
Remuneration
Natural Justice
Immunity of a Neutral
Duties of Judges and Magistrates
in respect of Court Connected
ADR
lawyers
Other participants
Chapter Five
Procedure for Court Connected
ADR
Initiation of Court-Connected
ADR
Initiation by Parties
Initiation by Court
Order by Court
Register of Neutrals and ADR
Service
Providers
Selection of a Neutral or ADR
Service
Provider
Rules for
Negotiation
Mediation and Conciliation
Process
Settlement
MISSION STATEMENT OF THE
JUDICIAL SERVICE
The mission of the Judicial
Service is to promote the smooth
and efficient administration of
justice to all manner of persons
without fear or favour,
affection or ill-will, and by
that create an enabling
environment for good governance.
The Service is committed to:
[ZI The true and proper
interpretation of the
Constitution and other laws and
to ensure stability of
democracy.
[ZI Improving
its output and se-vice delivery,
accessibility, user friendliness
and cost effectiveness.
[ZI
Maintaining high standards of
efficiency at all levels through
capacity building, manpower
development and training.'
Objectives
The objectives are to:
Promote the rule of law,
transparency, accountability and
anti-corruption
[ZI Promote and uphold human
rights
[ZI Improve access to justice
and protect the rights of the
vulnerable in the society.
[ZI Ensure efficiency and the
speedy delivery of justice.
[ZI Strengthen the capacity of
its human resource and improve
the conditions of service for
all staff
[ZI Chang. the public perception
of the judiciary and build
public confidence in the
service.
[ZI Improve the infrastru.rural
capacity to enhance its service
delivery.
CHAPTER ONE
WHAT IS ADR?
1.1 Alternative Dispute
Resolution (ADR)
Alternative Dispute Resolution
(ADR) refers to a range of
procedures that serve as
alternatives to traditional
litigation for the resolution of
disputes and generally involves
the assistance of a neutral or
impartial third party.
1.2 The Court-Connected
ADR
This refers to the various
methods of resolving disputes
that are available to the court
other than court trial
processes. The methods include:-
a.Negotiation,
b.Mediation,
c.Conciliation,
d.Arbitration,
e.Customary
Arbitration,
f.Mediation-Arbitration
(Mad-Arb). and
g.Neutral
Case Evaluation
Mediation however is the main
method used for the Court
Connected ADR (CCADR).
1.3 Nature and
Characteristics of
Court-Connected ADR (CCADR)
ADR may be voluntary or
mandatory if the law so
requires, for instance at the
Commercial Court it is
mandatory.
CCADR
is
a.Confidential,
b.Private,
c.Relatively
fast
d.Relatively
cheap
e.Preserves
relationships between parties,
f.Agreements
or awards obtained through it
are final and binding
1.4
Benefits 0f Court Connected ADR
1.4.1 To the Parties
a.parties
actually own the process
b.it
encourages access to justice for
the poor and the vulnerable
c.saves
time and money
d.increases
flexibility and control in:
i. the procedures followed
ii. the interest considered and
iii. agreements reached.
e.private
and confidential
f.improves
communication and preserves
relationships, and
g.reduces
stress and enhances personal
satisfaction
1.4.2 To the Judicial System
a.results
in having satisfied Parties
b.offers
comparative advantages
c.reduces
backlog of cases pending in the
Courts,
d.leads
to greater professional
satisfaction
e.it
enhances confidence in the
Judicial System
f.
1.4.3 Drawbacks of
Court Connected ADR
In spite of its many benefits,
ADR has its drawbacks which
include:-
a.fewer
evidentiary and procedural
protections
b.No
right of Appeals]
c.Not
providing the opportunity for
the development of legal
precedents
d.Parties
not making themselves available
in order to buy time and
e.Misuse
and abuse of confidential
information disclosed during ADR
1.5 Cases Inappropriate
for Court Connected ADR
Despite the numerous advantages
of Court Connected ADR, certain
cases are not suitable for any
type of ADR and these include:-
a.child
custody cases in which sexual,
physical, mental, psychological
or verbal abuse is alleged,
b.disputes
raising some constitutional,
human rights or important public
law and order issues,
c.disputes
involving interpretation of
statutes or documents
d.civil
disputes in which substantial
fraud, forgery or stealing is
alleged
e.where
the court has reasonable cause
to believe that the parties
intend to use the ADR process to
delay the court process,
f.dispute
out of which a precedent should
be set,
g.a
case that is a felony or
aggravated assault, and
h.disputes
pertaining to jurisdiction
CHAPTER TWO
LEGAL MANDATE FOR COURT
CONNECTED ADR
2.1 Basic Legal Mandate
The legal mandate for Court
Connected ADR practice in Ghana
is found in Sections 72 and 73
of the Courts' Act 1993 (Act
459) as amended and Order 58
Rule 4 of the High Court Civil
Procedure Rules 2004 C.l 47, as
well as in the various
enactments listed in
2.1.3
2.1.1 COURTS ACT 1993 (ACT
459)
Section 72 (1) "Any court with
civil jurisdiction and its
officers shall promote
reconciliation, encourage and
facilitate the settlement of
disputes in an amicable manner
between and among persons over
whom the court has
jurisdiction".
(2) "When a civil suit or
proceeding is pending, any court
with jurisdiction in that suit
may promote reconciliation among
the parties and encourage and
facilitate the amicable
settlement of the suit or
proceeding".
Section 73 "Any court, with
criminal jurisdiction may
promote reconciliation,
encourage and facilitate a
settlement in an amicable manner
of any offence not amounting to
felony and not aggravated in
degree, on payment of
compensation or on other terms
approved by the court before
which the case is tried. And may
during the pendency of the
negotiations for a settlement
stay the proceeding for a
reasonable time and in the event
of a settlement being effected
shall dismiss the case and
discharge the accused person"
2.1.2 HIGH COURT CIVIL PROCEDURE
RULES 2004, C.I. 47 ORDER 58
RULE4
Procedure after reply
Rule 4(1) After a Reply has been
filed or the time for filing the
Reply has elapsed, the
Administrator of the Commercial
Court shall, within three days
assign the case to one of the
Commercial Court Judges, to
conduct a pre-trial settlement
conference.
(2) The pre-trial judge shall
within a period of thirty (30)
days from the date the case is
assigned to him invite parties
to settle issues for trial and
effect settlement of the
dispute.
(3) At a pre-trial settlement
conference, the parties may be
represented by their counsel.
(4) Experts may be invited by
the pre-trial judge to assist at
the pre- trial settlement
conference.
2.1.3 legislation which
provide for ADR
Enactments which provide
for ADR include:-
a.The
Alternative Dispute Resolution
Act, 2010 (Act 798)
b.Matrimonial
Causes Act, 1971 (Act 367)
c.The
Copyright Law, 1985 (PNDCL 110)
d.Land
Title Registration Law 1986,
(P.N.D.C.L.152)
e.National
Media Commission Act, 1993 (Act
449)
f.Commission
on Human Rights and
Administrative Justice Act, 1993
(Act 456)
g.Minerals
and Mining Act, 1994 (Act 475)
h.Ghana
Investment Promotion Centre Act,
1994 (Act 478)
i.National
Development Planning Commission
Act, 1994 (Act 479)
j.Public
Services Commission Act 1994
(Act 482)
k.Locksmith
Licenses Act, 1994 (Act 488)
I. Free Zones Act, 1995 (Act
504)
m. Ghana Postal Services
Corporation Act 1995 (505)
n.Public
Utilities Regulatory Commission
Act, 1997 (Act 538)
o.Energy
Commission Act 1997 (Act 541)
p.Children's
Act 1998 (Act 560)
q.Labour
Act 2003 (Act 651)
r.High
Court Civil Procedure Rules
(C.1.47)
s.Domestic
Violence Act, 2007 (Act 732)
5
CHAPTER THREE
COURT CONNECTED ADR METHODS
3.1
Negotiation
Negotiation is a process by
which parties to a dispute or
their representatives discuss
the issues in dispute with the
intention to settle the dispute
without the intervention of a
third Party.
3.2
Mediation
Mediation is a process by which
a neutral third Party, a
mediator, facilitates
communication between the
parties to assist the parties to
reach a mutually acceptable
settlement.
3.3 Conciliation
Conciliation is a process by
which a third person on request
assists the parties to amicably
settle their dispute. The
neutral third person may ask the
parties to submit evidence and
make settlement proposals.
3.4 Arbitration
Arbitration is the process of
voluntary submission of a
dispute to one or more neutral
persons for a final and binding
determination.
3.5 Customary
Arbitration
Arbitration is customary if
a.The
parties voluntarily submit their
dispute to an arbitrator(s)
acting under customary law or
according to customary
traditional norms.
b.The
submission to customary
arbitration is demonstrated by
the performance of the
requirement necessary for the
process
c.There
must be prior agreement to
accept the award
d.The
award must be published
(announced to the parties)
3.6 Med-Arb
Med-Arb is a process which
starts with mediation and
concludes with arbitration. This
occurs where the parties agree
before the mediation process,
that there should be arbitration
if the mediation fails. The
parties must in their agreement
determine whether the same
neutral should conduct both
processes.
3.7 Neutral Case
Evaluation
Neutral.Case Evaluation is a
process by which the parties,
their lawyers or both the
parties and their lawyers appear
before a neutral, present a
brief of the evidence and
arguments in support of their
respective cases. The neutral
makes a non-binding
evaluation of their positions
and gives an opinion concerning
the likely outcome if the
dispute is tried in court. Based
on the evaluation, the parties
may decide on what dispute
resolution process to use to
reach a mutually acceptable
agreement.
CHAPTER FOUR
KEY PARTICIPANTS IN COURT
CONNECTED ADR PROCESS
4.1 Parties
In a Court Connected ADR,
parties means disputants
Rights of parties
a.Own
the dispute and may choose to
'manage' the resolution of the
dispute through any ADR process.
b.Choose
their own neutrals or consent to
the choice of a neutral for them
where they are unable on their
own to agree on a neutral.
c.Are
at liberty to withdraw from
negotiation, conciliation or
mediation session before an
agreement is signed or thumb
printed.
d.Or
their representatives determine
the terms of agreement in a
participatory process.
e.If
they choose a neutral outside
the court approved list of
neutrals, they pay the fees of
their neutral.
f.Where
they choose a venue other than
the venue recommended by the ADR
officer, they pay for the use of
the venue.
4.2 The
National ADR Coordinator
The National ADR Coordinator is
the person designated by the
Judicial Service to be in charge
of the implementation and
management of the day to day
activities of the ADR
Directorate.
The National ADR Coordinator
must have had a minimum of forty
(40 hours of training in the
theory and practice of ADR.
4.2.1 Functions of the
National ADR Coordinator
a.Responsible
for general administrative
requirements needed to sustain a
vibrant Court Connected ADR
scheme.
b.Develops
ADR System that meets the needs
of parties in dispute who
patronize ADR processes in the
Courts.
c.Review
existing ADR process system for
improvements
d.Liaises
with other units of the Service
to enhance ADR Service delivery
e.Disseminates
information on ADR to the
General Public
f.Answer
enquiries on ADR processes in
the Judicial Service and also
provides public education to all
stakeholders through the
electronic and print media.
4.2.2 The Regional ADR
Coordinator
The Regional ADR Coordinator is
the person designated by the
Judicial Service to be in charge
of the ADR programme and
activities at the Regional level
and must have had a minimum of
forty (40) hours of training in
the theory and practice of ADR.
The Regional ADR Coordinator
reports directly to the National
ADR Coordinator.
4.2.3 Functions of the Regional
ADR Coordinator
a.Co-ordinates
activities regarding ADR in the
Region
b.Ensures
that Court Registrars submit ADR
returns to National ADR
Directorate at the end of each
month.
c.Liaises
with the National ADR
Co-coordinator to enhance ADR
service delivery.
d.Organises
Seminars/Workshops to educate
the public on ADR matters.
e.Any
other duties that may be
assigned by the National ADR
Coordinator
f.Assist
in reviewing ADR process systems
for improvement
4.4 Duties of Judges and
Magistrates in respect of Court
Connected
ADR
Judges and Magistrates:
a.have
a duty to facilitate, promote
and refer cases to ADR where
appropriate, and
b.may
also participate in ADR as
neutrals where appropriate.
4.5 lawyers
A lawyer's role varies depending
on the ADR process. lawyers
shall:
a.encourage
their clients to settle their
differences to avoid the costs,
delays and difficulties of
traditional litigation.
b.Advise
their clients to include ADR
clauses in all written
agreements,
c.Advise
on the appropriateness of ADR,
the choice and timing of the
process,
d.Not
undermine or abuse the ADR
process,
e.Playa
key role in the presentation and
conduct of their client's case,
and
f.Participate
in the drafting of the
agreements and ensure that the
agreements are accurate and
legally binding.
4.6 Other participants
Other participants in ADR
include
a.professionals,
experts, family members and
interested parties who may
participate as advisors and
witnesses,
b.witnesses
present at ADR sessions, other
than Arbitration, may provide
information at their disposal in
an informal manner,
c.interpreters
should be conversant with and
observe the ADR values of
confidentiality and
non-disclosure.
d.Chiefs,
Traditional Rulers, Elders and
Religious leaders and opinion
leaders may participate as ADR
practitioners or advisors.
CHAPTER FIVE
PROCEDURE FOR COURT-CONNECTED
ADR
5.1
Initiation of Court-Connected
ADR
5.1.1 Initiation by Parties
Parties to Court-Connected ADR
are parties by themselves or
their representatives who have;
a.appeared
before a court, and
b.consented
to have their dispute settled by
ADR.
5.1.2 Initiation by Court
A Court may
a.at
any stage of the proceedings
refer a matter for negotiation,
mediation or conciliation or any
other ADR Process, and
b.make
the reference where one party
communicates orally or in
writing to the other in relation
to the dispute asking that the
dispute be resolved amicably,
and the other party agrees to
the request, and
c.may
encourage the parties to a
dispute to settle the dispute
themselves and report to the
court within a specified time.
5.2 Order
By Court
Immediately after the parties
have consented to have their
dispute settled by ADR, the
court shall make an order
specifying
a.that
the matter in dispute be settled
by ADR,
b.that
the parties should appear before
the ADR officer, and
c.the
time parties should appear in
court to announce the outcome of
the process which shall not be
more than thirty days after the
parties have appeared before the
ADR Officer.
5.3
Register of Neutrals and ADR
Service Providers
Every Court Registry shall
maintain a register of
a.trained
neutrals, and
b.ADR
service providers.
5.4 Selection of a Neutral or
ADR Service Provider
For the purpose of selecting a
neutral or ADR Service Provider
a.the
parties may choose a neutral
from the register of neutrals or
ADR service providers.
b.where
the parties are unable to choose
a neutral, the court shall
appoint a neutral from the court
approved Register.
c.Where
the parties choose a neutral or
ADR service provider other than
from the Register, the parties
shall pay for the service
5.5 Rules for
Negotiation
In negotiation, the parties
a.may
conduct the process themselves
or by their representatives;
b.shall
conduct the process in good
faith;
c.must
formulate the ground rules to
regulate the negotiation;
d.shall
focus on their interests rather
than their positions;
e.are
required to generate options
that would eventually lead to
the settlement of their dispute;
f.must
be encouraged to be flexible and
to work towards just and fair
settlement.
5.6
Mediation and Conciliation
Process
In mediation or conciliation,
the neutral third party shall
facilitate the settlement of the
dispute between the parties. The
mediation and conciliation
process requires that;
a.The
Mediation or Conciliation
session must usually begin with
an initial joint session with
the parties at which session the
role of the mediator or
conciliator shall be clearly
defined;
b.As
part of the pre-mediation
process the mediator or
conciliator may require the
parties to submit or exchange
initial statements;
c. The Mediator or Conciliator
shall emphasise the requirement
of Neutrality, Impartiality and
Confidentiality;
d.The
Mediator or Conciliator shall
explain the concept of caucus to
the parties;
e.At
the joint sessions each party
must describe how the party
views the dispute, the party's
understanding of the issues, the
party's interests and preferred
outcomes;
f.The
Mediator or Conciliator shall
agree with the parties on the
issues for settlement;
g. The Mediator or Conciliator
may meet each party privately
(in caucus) to explore options
for resolution;
h.The
Mediator or Conciliator should
act as an agent of reality;
i.When
sufficient common ground for
agreement has been established,
a final joint session must be
held for the parties to
formulate offers for settlement.
S.G.1 Settlement Agreement
In
Negotiation, Mediation or
Conciliation,
a. Where the parties reach an
agreement, the parties shall
write and sign the terms of
settlement.
b.The
parties may write the terms of
settlement at the request or
with the assistance of the
Mediator or Conciliator.
c. The agreement becomes legally
binding once it is reduced into
a final written agreement and
signed by the parties; and
d. The ADR Officer shall submit
the agreement to court to be
entered as a consent judgment.
5.7
Arbitration Process
The arbitral process shall be
regulated by the agreement of
the parties, rules of the
5.7.1. Issues to be Resolved at
the Pre-Hearing
The following issues are
resolved at the pre-hearing;
a.the
date, time, place, language and
estimated duration of the
proceedings;
b.the
need for discovery, production
of documents or the issue of
interrogatories and the
establishment of how these shall
be done;
c.the
applicable laws and rules of
evidence;
d.the
exchange of witness statements
and all other related issues;
e.the
form of the Award;
f.Costs
and Arbitration fees; and
g.Any
other issues relating to the
arbitration.
5.7.2. Arbitration Hearing
In an arbitration
a.a
party' may be represented by a
lawyer or any other person;
b.unless
otherwise agreed by the parties,
the hearing shall be in private;
c. the Arbitrator may at the
beginning of the hearing ask for
opening statements from the
parties to clarify the issues
involved in the Arbitration;
d.the
claimant shall first present
evidence in support of the claim
of the claimant and this shall
be followed by the respondent;
e.an
Arbitrator may vary the order of
presentation;
f.the
Arbitrator shall give the
parties sufficient notice of any
hearing and an opportunity to
inspect documents and other
property relevant to the
dispute;
g.an
Arbitrator may grant an Interim
relief that the Arbitrator
considers necessary for the
protection or preservation or
property at the request of a
party;
h.the
Arbitrator shall decide the
dispute in accordance with law
or other considerations agreed
by the parties;
I.the
award is final and binding on
the parties and any person
claiming through or under them;
j.an
arbitrator may refuse to deliver
an award to the parties until
there is full payment of the
fees and expenses of the
arbitration.
5.7.3 Enforcement of Arbitration
Award
An arbitration award may be
enforced in the same manner as a
judgment or order of a court of
competent jurisdiction.
5.8
Customary Arbitration
Customary Arbitration is a form
of Arbitration initiated;
a.by
the parties to a dispute
b.by
invitation of a chief, or
c.on
recommendation of a family elder
or other person.
5.8.1 Awards in Customary
Arbitration
In Customary Arbitration Parties
may take the necessary legal
steps as exists under the rules
of court to have the award
registered and enforced.
CHAPTER SIX
ADR SESSIONS
6.1 Medium of Expression
All ADR shall be conducted in a
language determined by the
disputants. Where the court
interpreter cannot satisfy the
needs of the parties, the
parties shall engage the service
of an interpreter at their own
cost.
6.2 Termination of
Proceedings
The Neutral may terminate
proceedings within 30 days if
parties are unable to reach
settlement.
Neutral shall request for
extension of 30 days if
settlement is not reached within
the specified period.
6.3 Drawing up of
Settlement Agreements
Where the parties reach a
settlement
a.the
parties shall draw their own
Terms of Settlement, or
b.the
neutral may draw the agreement
at the request or the parties
and state on the agreement that
the neutral drew up the
settlement agreement at the
request of the parties, and
c.the
agreement shall
(i) be in simple language
(ii) be certain and not vague,
and
(iii) clearly specify
obligations of each party and
the dates or periods by which
obligations are to be carried
out,
d.the
parties shall sign or thumbprint
the Terms of Settlement with the
necessary jurat where a party is
illiterate or blind.
6.4 Failure of Settlement
Where parties fail to reach a
settlement
a. the neutral shall terminate
the proceedings and notify the
ADR officer in writing.
b.The
ADR Officer shall inform the
parties to appear in court at
the next sitting day.
6.5 Protection for
Children
ADR processes should be
conducted in the best interest
of children where the matter in
dispute affects children.
Children should be shielded from
witnessing hostilities between
the parties by consulting the
parties in private.
6.6 Destruction of
Records
At the close of the ADR session,
a neutral shall destroy all
written information gathered at
the ADR session in the presence
of the parties and return tape
recordings, video clips,
pictures, receipts, maps and
other information in permanent
form to their owners.
6.7 Post Settlement
Procedure Where the parties
reach a settlement
a.the
parties or the neutral shall
send the terms of settlement to
the ADR officer for filing.
b.If
the court is in session, the ADR
officer shall immediately send
the terms of settlement to the
court and request the parties to
appear before the court that
same day or the next sitting
day, and
c.The
court shall enter the terms of
settlement without modification
as consent judgement.
CHAPTER SEVEN
ETHICS OF ADR PRACTICE
7.1 Purpose
of Ethical Standards
The
purpose of the ethical standards
of practice for ADR
practitioners is to;
a.provide
model standards of conduct,
b.promote
excellence in practice
c.provide
ethical, competent, appropriate
and effective means of dispute
resolution, and
d.promote
public confidence in ADR
7.2
Fundamental Rule
Neutrals shall be free from bias
and shall proceed diligently and
efficiently to assist the
parties to reach a just and
effective resolution of their
dispute.
7.3
Acceptance of Appointment
A person shall not accept
appointment as a neutral if that
person is not competent in the
particular ADR process
and cannot devote the time and
professionalism required.
7.4
Elements of Bias
The
criteria for assessing questions
relating to bias are
impartiality and independence.
7.4.1 Impartiality
Impartiality means freedom from
favouritism, sex, religion,
ethnicity, or bias either by
appearance, word, conduct,
action, and a commitment to help
parties in resolving a dispute.
A neutral must not;
a.accept
gifts or offers before, during
or after an ADR process, or
b.request
for favours or items or service
of value from any of the
parties.
7.4.2 Partiality
(1)
Partiality arises if a neutral
a.has
an undisclosed pecuniary or
other interest in the dispute or
in any of the parties,
b.puts
undue pressure on a party to
settle
c.has
a relationship with in a party
ii. a relative of a party
iii. a close associate of a
party, or
iv. a person who is known to be
a potentially important witness.
(2) A neutral shall decline an
appointment if the impartiality
oi the neutral is likely to be
an issue unless the parties
agree in writing that the
neutral may proceed with the ADR
process.
(3) Continuing and substantial
social or professional
relationships between a
prospective neutral and a party
or with a person who is known to
be a potentially important
witness in an ADR process is a
good ground for justifiable
doubt as to the impartiality and
independence of a prospective
neutral.
7.4.3 Independence
A Neutral shall carry out hi/her
duty free from any external
influence which is likely to
affect the outcome of the
dispute.
7.5 Abuse of ADR Process
Where a neutral finds in the
course of an ADR proceedings
that
a.a
party is abusing the ADR
process,
b.a
party is unwilling to resolve
the dispute
c.the
power imbalance between the
parties is so substantial that
the ADR process may result in an
unfair and unjust outcome to a
party:- the neutral shall
terminate the ADR process and
report to the ADR officer
7.6 Conflict of Interest-
A neutral shall not accept an
appointment where the neutral
(a) has prior knowledge of the
subject matter of the dispute
from any of the parties or the
representatives or associates of
the parties,
(b) has previously represented
either of the parties in any
capacity.
(c) has or has had a
relationship with one of the
parties,
(d) is in any other circumstance
that may raise a question of the
neutral's impartiality.
7.7 Confidentiality
(1) A neutral shall not disclose
information the neutral obtains
during an ADR process to another
person without the consent of
the parties.
(2) Despite the requirement of
confidentiality, a neutral shall
disclose information the neutral
obtained during an ADR process
if the neutral is required by
law to disclose the information
in a matter related to
(a) the abuse of children,
(b) commission of a crime, or
(c) danger of serious physical
harm to a party, another person
or damage to property.
7.8 Requirement for Best
Practice
A neutral
(a) shall return any case that
is outside the neutral's area of
competence or expertise to the
court through the ADR Officer
for reassignment to a more
competent neutral;
(b) shall report to the ADR
Officer the need for
professional assistance in
respect of any specialized area
of the case before the neutral.
(c) may with the agreement of
the parties invite a
professional to assist that
neutral in the mediation
process; and
(d) has a duty to report any
misconduct by a co-neutral or
other neutral.
CHAPTER EIGHT
ADR SERVICE PROVIDERS
8.1 Constitutional and
other Statutory Bodies
8.1.1 The Commercial Courts
At the Commercial Court ADR is
mandatory through the pre-trial
conferences
8.1.2 The Courts
At the first appearance of the
parties before judgement.
8.1.3 The Labour Commission
The Labour Act, 2003 (Act 651)
provides that every Collective
Agreement shall contain a
provision for final and
conclusive settlement by ADR in
accordance with the Act.
8.1.4 Commission on Human Rights
and Administrative Justice (CHRAJ)
CHRAJ provides ADR services
through negotiations and other
ADR processes.
The CHRAJ deals with human
rights and administrative
disputes.
8.1.5 Land Title Registry
The Land Title Registry settles
land disputes through mediation
and adjudication.
8.1.G Private Service Providers
There are individual and private
service providers in addition to
the constitutional and statutory
bodies. Some of these private
service providers include the
Ghana Association of Chartered
Mediators and Arbitrators (GHACMA),
Gamey & Gamey, National
Arbitration Center and the Legal
Aid Board, West Africa Dispute
Resolution Centre (WADREC) and
Federation of International
Women Lawyers (FIDA-Ghana).
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