Business and Investment Disputes
Disagreements between partners, shareholders, investors, suppliers and customers, handled in a way that protects commercial confidentiality and working relationships.
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Chieftaincy 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.
Overview
Disputes connected with chieftaincy and traditional authority can affect whole communities. They often involve history, lineage, land, identity and deeply held loyalties, and they can become prolonged and divisive.
Dialogue can help families, ruling houses and communities lower tensions, understand each other's positions and explore ways forward that respect custom. The Centre provides a neutral, respectful space and a structured process for that dialogue.
Chieftaincy matters are subject to a specific legal framework. Questions such as who is entitled to a stool or skin, and disputes over enstoolment, enskinment or destoolment, are generally determined by the bodies established for that purpose, such as the judicial committees of the Traditional Councils and Houses of Chiefs. ADR can support dialogue and agreement among the people involved, but it does not replace those bodies.
How ADR may help
- Dialogue can reduce tension and help prevent conflict from escalating.
- Processes can be designed to respect customary protocol and the role of elders.
- Private discussions allow sensitive matters to be raised with dignity.
- Agreements reached by the people involved may be more likely to be honoured.
Limits to be aware of
- ADR cannot determine who is entitled to a stool or skin, or validate an enstoolment, enskinment or destoolment.
- Some matters must be dealt with by the Traditional Councils, the Houses of Chiefs or the courts under the applicable law.
- Any agreement may need the involvement or endorsement of the appropriate customary authorities to be effective.
- Where there is a risk of violence, the police and security authorities must be informed.
Resolution methods
Which process might fit
Negotiation
Facilitated discussions between representatives can clarify the issues and reduce misunderstanding.
Mediation
A neutral mediator can help the parties talk constructively and respectfully without deciding who is right.
Arbitration
Ghana's ADR Act recognises customary arbitration. Whether any form of arbitration is appropriate depends on the issue and on the law governing chieftaincy, so legal advice is essential before choosing it.
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.
- Identify the families, houses or groups whose participation is needed.
- Consider who has authority to speak and agree on behalf of each group.
- Gather relevant records and documents, recognising that some history is held orally.
- Agree protocols, such as the roles of elders and linguists, before sessions begin.
- Take legal advice on which matters must be determined by the statutory chieftaincy bodies.
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: Initial consultation
We listen to understand the issues, the parties and any proceedings already under way.
Step 2: Assessment
We consider whether dialogue can help and which questions must remain with the appropriate customary or statutory bodies.
Step 3: Preparation and protocol
Participants, representatives and protocols are agreed in advance, with respect for custom.
Step 4: Dialogue sessions
The neutral facilitates discussion aimed at reducing tension and finding common ground.
Step 5: Next steps
Any understanding reached is documented, and the parties are guided on referring matters to the appropriate authority where required.
Important legal information
Chieftaincy matters are governed by the Constitution of Ghana, chieftaincy legislation and customary law, and many issues can only be determined by the bodies established for that purpose. The Centre does not determine chieftaincy entitlement. Parties should take independent legal advice.
Questions
Questions about chieftaincy & traditional disputes
Can the Centre decide a succession dispute?
No. Deciding who is entitled to a stool or skin is a matter for the bodies established under Ghanaian law. The Centre can support dialogue among the people involved, which may help reduce tension or prepare the ground for those processes.
Can dialogue take place while a case is pending before a House of Chiefs?
Possibly, but it must not interfere with those proceedings. Anyone involved in pending proceedings should take legal advice first.
How are customary protocols respected in sessions?
Protocols, such as the roles of elders and linguists and the order of speaking, can be discussed and agreed with the participants before sessions begin.
Related services
Other areas we can help with
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 moreFamily 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.
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Next step
Talk to us about a chieftaincy & traditional 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.