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Dispute area

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.

Overview

Family disputes are rarely only legal problems. They involve emotion, history, children and the wider family, and they can affect people long after a decision is made.

Mediation offers a calmer setting in which family members can be heard, communicate more constructively and make arrangements for the future, especially for children. The mediator does not take sides or decide who is right. Their role is to support a fair conversation and help the family find workable agreements.

Some family matters, such as ending a marriage, can only be finalised through the formal legal process. ADR can still help a family agree the arrangements that a court or other authority may then consider.

How ADR may help

  • Family members keep control over the decisions that affect them most.
  • Private sessions help shield children and relatives from public conflict.
  • Agreements can be shaped around the family's real circumstances.
  • A respectful process can make future cooperation, especially as parents, easier.

Limits to be aware of

  • Mediation is not appropriate where there is domestic violence, abuse, coercion or a serious imbalance of power that cannot be managed safely.
  • Divorce and certain other family matters require formal legal processes that ADR cannot replace.
  • Arrangements for children must serve the child's best interests, and some may need approval by a court or the appropriate authority.
  • Concerns about the safety of a child or vulnerable adult may need to be reported to the relevant authorities.

Resolution methods

Which process might fit

  • Negotiation

    Can help where family members are already talking and need structure to settle specific arrangements.

  • Mediation

    The main approach for family matters. The mediator supports a fair conversation, with private sessions where helpful.

  • Arbitration

    Rarely the first choice in family matters. It may be considered for specific financial or property questions, where the law allows and everyone agrees.

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.

  1. Think about the outcomes that matter most to you and to any children involved.
  2. Gather financial information such as income, outgoings, property and debts.
  3. Note any practical arrangements already in place.
  4. Ask yourself whether you feel safe and able to speak freely with the other person present, and tell us if you do not.
  5. Consider getting independent legal advice about your rights before agreeing to anything.

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.
  1. Step 1: Confidential first conversation

    We listen, explain how mediation works and check whether it is suitable and safe for your situation.

  2. Step 2: Separate preliminary meetings

    Where appropriate, each person meets the mediator separately first, so concerns about safety or balance can be raised privately.

  3. Step 3: Agreeing the process

    Participants agree how sessions will run, including confidentiality and ground rules.

  4. Step 4: Sessions

    The mediator helps everyone focus on the issues and on future arrangements, especially for children.

  5. Step 5: Recording proposals

    Agreed arrangements are written down. Each person is encouraged to take independent legal advice, and some arrangements may need formal approval.

Important legal information

If you or a child are at risk of harm, contact the police or the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service straight away. ADR is not a substitute for protection. Family law and child welfare rules may require formal legal processes and approvals, and we encourage each person to take independent legal advice.

Questions

Questions about family & marital disputes

Can mediation be used if we are getting divorced?

Mediation can help a separating couple agree arrangements for children, finances and property. The divorce itself must go through the formal legal process, and a court may need to consider or approve some arrangements.

What if I do not feel safe with the other person?

Please tell us. Mediation is only offered where it can be carried out safely. We may arrange separate sessions, or we may advise that mediation is not suitable and point you towards other sources of help.

Will our children be asked to take part?

Not usually. Any involvement of children would need careful thought and the agreement of the parents, and must be in the children's interests.

Related services

  • Business and Investment Disputes

    Disagreements between partners, shareholders, investors, suppliers and customers, handled in a way that protects commercial confidentiality and working relationships.

    Learn more
  • 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 more
  • 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.

    Learn more

Next step

Talk to us about a family & marital 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.

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