The Chair of the Ghana Association of Certified Mediators and Arbitrators (GHACMA) says Alternative Dispute Resolution (ADR) is not a panacea to all cases.
This, according to Georgette Francois is because there are certain cases that the ADR process cannot be used to resolve.
She listed a few of such cases constitutional cases, interpretation of wills, interpretation of statutes, and criminal cases involving felonies.
“ADR is not a panacea for all cases,” she stated while participating in a discussion on JoyNews' The Law on Sunday about promoting ADR for all.
She noted ADR process can however be resorted to in petty criminal cases like someone breaking the other party’s trafficator light with his or her car.
She further pointed out some benefits of using the ADR process to settle cases.
According to Madam Francois, the process is faster as compared to the court process which can be time-wasting.
She also stated that using ADR assists the parties involved in the process of restoring their relationships and that the use of techniques and practices aids in the preservation of their relationships.
She added that it is also a win-win situation leaving both parties satisfied because it addresses both phycological and emotional aspects of the cases.
Madam Francois indicated that ADR is confidential, adding that the discussions between the parties and the mediator stays within the mediation process in the room.
“The parties are not even allowed to go out and talk about what happened during the mediation processes. The only thing they can say is the matter was settled, these are the terms of settlement.
"Even when a mediator is subpoenaed to court to testify about the mediation, under our ADR Act rules, the mediator cannot divulge the discussions that happened during the process,” she explained.
Again, she stated that the process is less expensive as compared to that of litigation.
She however noted that the process can sometimes be delayed.
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