Frequently asked questions

ADR describes ways of resolving disputes without a full court trial. The most common are negotiation, mediation and arbitration. In Ghana, the Alternative Dispute Resolution Act, 2010 (Act 798) provides the main legal framework for arbitration, mediation and customary arbitration.

ADR is sometimes called appropriate dispute resolution, because the aim is to choose the process that best suits the dispute.

No. Some matters cannot lawfully be settled through ADR. The ADR Act does not apply to matters concerning the national or public interest, the environment, the enforcement and interpretation of the Constitution, or any other matter that by law cannot be settled by ADR. Criminal matters, cases that need urgent court orders and situations involving violence or abuse are generally not suitable either.

If we think ADR is not the right route for your situation, we will tell you.

You do not need a lawyer to take part, but you are welcome to bring one or consult one at any stage. Independent legal advice is strongly recommended before you sign a settlement agreement or agree to arbitration, particularly where significant rights or property are involved.

Neither. Liberty ADR Centre provides dispute resolution services. Its neutrals do not represent either party or give legal advice, and the Centre does not have the powers of a court.

A mediator is a neutral person who helps the parties communicate, understand the issues and explore options. The mediator does not take sides, decide who is right or impose a solution. Any agreement is made by the parties themselves.

Yes. Each party chooses whether to take part and may leave the process. Nobody can be made to agree to a settlement in mediation.

A mediated agreement becomes binding when it is put in writing and signed by the parties, and its legal effect depends on its terms and the law. Ghana's ADR Act provides for settlement agreements signed by the parties to be binding on them. Make sure you understand what you are signing, and take legal advice if you are unsure.

In mediation, the parties decide the outcome themselves with the mediator's help. In arbitration, the parties give a neutral arbitrator the power to decide the dispute after hearing both sides, and the decision (the award) is usually binding. Arbitration can only take place where the parties have agreed to it.

The grounds for challenging an award are limited and are set out in the law, and strict time limits apply. If you are considering a challenge, take legal advice promptly.

An arbitration award may be enforced through the courts in accordance with the law. How this works depends on the type of arbitration and the circumstances.

A member of the Centre's team reviews your enquiry and contacts you, using your preferred method, to discuss it. Submitting an enquiry does not create an appointment, does not mean the Centre has accepted the matter and does not start any formal process.

Negotiation and mediation need everyone's participation. If the other party declines, we can explain the other options available. Arbitration requires an agreement to arbitrate.

The Centre has an online dispute resolution facility, and some sessions may be held online where this suits the matter and everyone involved. Ask about this when you make your enquiry.

Nobody can be made to settle in mediation or negotiation. If no agreement is reached, the parties remain free to consider other options, including arbitration if they agree to it, or legal proceedings. Even a partial agreement can narrow the issues still in dispute.

Confidentiality is a core feature of mediation and arbitration, and the parties normally agree confidentiality terms at the outset.

Confidentiality is not absolute, however. There are legal limits, for example where there is a risk of serious harm, where disclosure is required by law, or where a settlement agreement has to be enforced. Your neutral will explain these limits before sessions begin.

Enquiries are stored securely and can only be accessed by authorised members of the Centre's team. Our privacy notice explains how personal information is collected, used and kept.

Fees depend on the type of process, the complexity of the matter and the time involved. The Centre will explain any fees before you commit to a process. There is no charge for sending an enquiry through this website.

It depends on the dispute, the number of people involved and how quickly everyone can meet. Some matters are resolved in a single session; others need several sessions over a longer period. The Centre cannot guarantee a timescale or an outcome.