Audio By Carbonatix
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.
Latest Stories
-
Book Launch: Political Economy of Institutionalising Monitoring & Evaluation Practice in Africa
3 minutes -
Residents protest destruction of sacred Dodowa Forest for interim market
24 minutes -
New York Knicks win NBA championship for first time in over 50 years
28 minutes -
Panic as body of 67-year-old woman is stolen from Adevukope cemetery
33 minutes -
Unidentified road crash victim at 37 Military Hospital yet to be claimed
39 minutes -
High Court orders Greater Accra Regional Minister to be served for alleged contempt
1 hour -
Court did not encourage reconciliation in Nyinahin SHS assault case — Judicial Service
1 hour -
Refuse crisis deepens as over 500 Aboboyaa riders queue for hours
2 hours -
McGinn the hero as Scotland clinch memorable victory
3 hours -
Iran win four staff visa appeals but 11 banned
4 hours -
Norway braces for verdict in rape trial of crown princess’s son Høiby
4 hours -
Suspected armed robber dies from gunshot wound after snatching a taxi at La
5 hours -
Over 458,000 children miss school due to child labour in Ghana — CHRAJ
6 hours -
2026 World Cup: Vinicius Jr rescues draw as Brazil come from behind
6 hours -
BoG pulls the plug on unregulated crypto forex channels
6 hours