Ghana should consider Alternative Dispute Resolution (ADR) as the first option in suitable cases rather than using it only after conventional court proceedings have failed, the Chairman of the Governing Board of Ghana’s Alternative Dispute Resolution (ADR) Centre, Kwesi Austin, has said.
He said the country needed to build stronger professional capacity to ensure disputes were settled fairly, efficiently and in a way that produced lasting outcomes.
Mr Austin was speaking at the opening of the 29th cohort of the Professional Executive Master in Appropriate Dispute Resolution (PEM.ADR) programme at the Gamey Apex Leadership Centre in Community 26, Tema.
He said the growing demands being placed on dispute-resolution systems made it essential for Ghana to improve professional standards while making alternative methods more accessible.
“The question is no longer whether disputes will occur, but whether we have the competence and institutional capacity to resolve them fairly, efficiently and sustainably,” he said.
ADR, also known as Appropriate Dispute Resolution, includes mediation, arbitration and customary arbitration. These processes offer parties alternatives to settling disputes through the conventional court system.
However, Mr Austin said the effectiveness of ADR would depend on public trust in the process and on practitioners being able to handle cases impartially and professionally.
“The future of ADR depends on competent practitioners, ethical conduct, impartiality, confidentiality and public confidence. Training institutions must therefore equip practitioners not only with theoretical knowledge but also with practical skills, sound judgement and a commitment to continuous professional development,” he said.
The Chief Executive Officer of the Gamey and Gamey Group, Austin Gamey, said expanding ADR would have to be matched by tighter standards for practitioners and proper licensing for those permitted to work in the field.
“You can be a lawyer, you can be a professor, you can be a so-called ADR consultant, you can be whosoever. If you are not properly capacitated, you will not be registered to practice the trade. It’s not going to be like just any profession. You have to be properly licensed to do it. You must possess certain qualities, and when we are talking about integrity, it is not a joke,” he said.
Mr Gamey said ADR offered significant opportunities, but insisted that its development rested on professional competence, ethical behaviour, impartiality, confidentiality and public confidence.
He also highlighted the importance of communication in the work of dispute resolution practitioners.
“When we are talking about integrity, it is not a joke. Language usage is tremendously important. You have to learn how to use language gently, be very honest and open, be very specific to the issues, and we keep talking until the matters are resolved.”
The discussions placed renewed emphasis on the need to improve the skills, standards and public confidence required to make ADR an effective choice for appropriate disputes.
By Samuel Yeboah Adams
