Takoradi – The Chief Justice of Ghana, Justice Gertrude Sackey Torkornoo, has emphasized the significance of Alternative Dispute Resolution (ADR) as a crucial component in constructing a robust and resilient justice system. ADR, she noted, is an invaluable tool in fostering open and constructive dialogue, thus contributing significantly to the pillars of social justice.
According to Ghana News Agency, Justice Torkornoo highlighted the role of ADR in 'Building the pillar of justice' as part of the ADR week celebration in Takoradi, Western Region. She underscored that ADR is not just an abstract concept but a practical and effective method for conflict resolution, aligning with the principles of fairness, equality, and efficiency. ADR facilitates open dialogue, preserves relationships, ensures efficiency, and promotes innovative problem-solving.
The aim of ADR week, as explained by Justice Torkornoo, is to educate and sensitize the public and stakeholders about ADR's importance and how it can be accessed in the courts for quick resolution of cases. She contrasted the traditional court-related system of adjudication, which can be time-consuming, costly, and emotionally draining, with ADR methods like mediation, arbitration, negotiation, and conciliation.
The Chief Justice pointed out that parties in ADR have the opportunity to express their concerns and fears and gain a better understanding of each other's perspectives. This process, she argued, paves the way for creative, mutually beneficial solutions and helps preserve relationships. She highlighted the adversarial nature of litigation, which can lead to bitterness and damaged connections, whereas ADR strives to maintain these relationships.
Justice Torkornoo also praised ADR for its fairness and equality, noting its private nature that offers a level playing field, making justice accessible to all, regardless of financial status or legal knowledge. This inclusivity ensures justice is open and accessible to all citizens, allowing parties to design resolutions fitting their unique circumstances and promoting a sense of ownership over the outcome.
Efficiency, swiftness, and cost-effectiveness are the hallmarks of ADR, as opposed to the strenuous processes of traditional court proceedings that lead to delays and costs which can hinder access to justice. The Chief Justice added, "The quick resolution of disputes is crucial in ensuring that justice is not only served but is served in a timely manner."
Justice Torkornoo reaffirmed the Judicial Service's commitment to ADR, focusing on resourcing the ADR Directorate to ensure courts are efficient and user-friendly, thereby making access to justice a reality. Since 2005, the judicial service has created an environment within the courts to serve users with all the benefits of ADR, making justice more accessible, especially to the poor and vulnerable.
Incorporating ADR into Ghana's justice system is aimed at reinforcing the harmonious foundations of society, and Justice Torkornoo urged its widespread adoption. She indicated that ADR had become a core component of Ghana's adjudication system, recommending its use in appropriate cases.
Justice Angela Mensah Homiah, an Appeal Court Judge in charge of ADR, added that ADR helps reduce the backlog of cases, emphasizing the need for efficient and effective discharge of duties.