Understanding Alternative Dispute Resolution in Ghana
A plain English introduction to negotiation, mediation and arbitration, how they differ from going to court, and the limits every disputing party should know about.
Liberty ADR Centre · · 3 min read
Most disagreements never reach a courtroom. People talk, compromise and move on. But when a dispute becomes stuck, whether between neighbours, family members, business partners or a landlord and tenant, many people assume the only alternative is litigation. It is not.
Alternative dispute resolution (ADR) is a family of processes for resolving disputes without a full court trial. In Ghana, the main legal framework is the Alternative Dispute Resolution Act, 2010 (Act 798), which deals with arbitration, mediation and customary arbitration.
The three main processes
Negotiation
Negotiation is the most familiar: the parties, or people acting for them, discuss the dispute and try to reach an agreement. A neutral facilitator can help by structuring the conversation, keeping it respectful and making sure each side is heard.
Mediation
In mediation, a neutral mediator helps the parties communicate, understand what lies behind the disagreement and explore options. The mediator does not decide the dispute and does not take sides. If an agreement is reached, it is the parties' own agreement. Once it is written down and signed, it can be binding on them.
Arbitration
Arbitration is closer to a private hearing. The parties agree to give a neutral arbitrator the power to decide the dispute after hearing both sides. The arbitrator's decision, called an award, is usually binding, and it may be enforced through the courts in accordance with the law. Arbitration can only happen where the parties have agreed to it, either in a contract or after the dispute arises.
Why people choose ADR
- Control. In negotiation and mediation, the parties shape the outcome themselves.
- Privacy. Sessions are normally confidential, within legal limits.
- Relationships. A less adversarial process can help preserve family, community and business relationships.
- Flexibility. Agreements can include practical arrangements that suit the people involved.
ADR is not automatically quicker or cheaper in every case. How long a process takes and what it costs depend on the dispute, the number of people involved and how cooperative everyone is.
What ADR cannot do
ADR is not suitable for every situation. Act 798 does not apply to matters concerning the national or public interest, the environment, the enforcement and interpretation of the Constitution, or any matter that by law cannot be settled by ADR.
In practice, ADR is also generally unsuitable for criminal matters, for situations involving violence or abuse, and where someone urgently needs a court order. Some matters, such as ending a marriage, registering land title or deciding entitlement to a stool or skin, have their own formal processes that ADR cannot replace.
Choosing the right process
A useful starting question is: who should decide the outcome? If you want to keep that decision with the parties, negotiation or mediation may suit. If you need a neutral to decide, and everyone agrees to that, arbitration may be appropriate.
If you are unsure, an initial conversation with an ADR centre can help you understand your options. A responsible centre will tell you if ADR is not the right fit.
This article is general information, not legal advice. For advice about your own situation, please consult a qualified lawyer.