Land and Property Disputes
Boundary, ownership, family land and development disputes, approached carefully because land rights in Ghana often raise legal and customary questions that need proper verification.
Learn moreDispute area
Business and Investment Disputes
Disagreements between partners, shareholders, investors, suppliers and customers, handled in a way that protects commercial confidentiality and working relationships.
Overview
Commercial disputes rarely stay on paper. A contested invoice, a late delivery or a disagreement between founders can absorb management time, strain cash flow and put longstanding relationships at risk.
ADR gives businesses a structured, private way to deal with these disagreements. Negotiation and mediation let the people who understand the business shape the outcome themselves. Arbitration offers a decision by a neutral the parties have chosen, where they have agreed to it.
The Centre's role is to provide a neutral setting and a clear process. It does not take sides or act for either business.
How ADR may help
- Discussions are private, which helps protect reputations and commercially sensitive information.
- The parties can agree practical terms that a court might not order, such as revised payment schedules or future supply arrangements.
- Sessions can be planned around business commitments.
- A structured conversation can preserve relationships both sides want to keep.
Limits to be aware of
- Mediation produces an outcome only if both parties agree. Neither side can be made to settle.
- Where a contract already contains a dispute resolution clause, its terms may decide which process must be used.
- Urgent protective orders, for example to freeze assets or stop a continuing breach, usually require a court.
- Allegations of fraud or other criminal conduct may need to be reported to the authorities and may not be suitable for ADR.
Resolution methods
Which process might fit
Negotiation
Useful when the parties are still talking and need a structured, facilitated discussion to agree terms.
Mediation
Often a good fit for partnership, shareholder and supplier disputes where the relationship matters. The mediator helps the parties reach their own agreement.
Arbitration
Suited to parties who want a binding decision from a neutral arbitrator, usually because their contract provides for it or because they agree to it once the dispute arises.
Unsure of the difference? Read Mediation vs Arbitration.
How to prepare
Good preparation makes any process more productive. You do not need everything before getting in touch.
- Gather the contract, purchase orders, invoices and correspondence that relate to the disagreement.
- Prepare a short timeline of the key events and dates.
- Work out what you need from a resolution and what you could accept, not only what you are claiming.
- Check whether your contract contains an arbitration or dispute resolution clause.
- Confirm who has authority to agree a settlement on behalf of your business.
- Consider taking independent legal or financial advice before sessions begin.
What to expect
How the process may work
This is a typical outline. The actual process depends on the dispute, the people involved and any agreement or law that applies.
Step 1: Enquiry and first conversation
You tell us about the dispute in general terms. We explain the options and what each involves.
Step 2: Inviting the other party
With your agreement, the Centre invites the other business to take part. Taking part in mediation is voluntary.
Step 3: Agreeing the process
The parties agree the process, the neutral, the timetable and confidentiality terms in writing before any session.
Step 4: Sessions
Joint and private sessions explore the issues, the commercial interests behind them and the options for settlement.
Step 5: Outcome
Agreed terms are written down for the parties to sign. If no agreement is reached, the parties remain free to pursue other options.
Important legal information
Commercial disputes can involve significant legal rights, deadlines, tax and regulatory consequences. The Centre's neutrals do not act as legal adviser to either party. We encourage you to take independent legal advice, particularly before signing a settlement agreement or agreeing to arbitration.
Questions
Questions about business & investment disputes
Our contract says disputes go to arbitration. Can we still try mediation first?
Often, yes, if both parties agree. Many contracts allow or even require negotiation or mediation before arbitration. Check the wording of your clause, and take legal advice if you are unsure what it requires.
Will a mediated settlement between our businesses be binding?
A settlement becomes binding when it is recorded in a written agreement that the parties sign. Its legal effect depends on its terms and the law that applies. A mediator does not impose a settlement, and you may want a lawyer to review the agreement before you sign it.
Can the other company refuse to take part?
Yes. Mediation is voluntary, so the other party can decline. If they do, we can explain other routes, which may include arbitration (where there is an agreement to arbitrate) or seeking legal advice about court proceedings.
Related services
Other areas we can help with
Family and Marital Disputes
Separation arrangements, arrangements for children, family property and inheritance disagreements, handled with discretion and close attention to safety and children's wellbeing.
Learn moreChieftaincy and Traditional Disputes
Support through dialogue for families, communities and traditional institutions, working alongside, never in place of, the customary and statutory bodies that determine chieftaincy matters.
Learn more
Next step
Talk to us about a business & investment dispute
Tell us what is happening in your own words. We will explain the options available and whether ADR is likely to help. Sending an enquiry does not commit you to anything.