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A Circuit Court Judge, Her Honour Susana Nyajortey, has attributed the growing pressure on Ghana's Supreme Court to the public's reluctance to embrace Alternative Dispute Resolution (ADR) mechanisms.
According to her, despite the numerous benefits of ADR, many Ghanaians continue to prefer the mainstream court system to settle disputes, increasing the caseload of the country's higher courts.
Speaking on The Law with Sampson Lardy Anyenini on Sunday, 12th July, as part of discussions marking the 150-year journey of Ghana's Supreme Court under the theme, "Assessing the Court", Her Honour Nyajortey said ADR was introduced to help ease the burden on the judiciary by resolving disputes at lower levels.
She explained that ADR offers a quicker, less expensive and more efficient means of resolving disputes, while reducing the number of cases that eventually reach the superior courts.
However, she observed that the public's continued preference for litigation over mediation and other ADR processes has undermined efforts to decongest the courts, thereby mounting pressure on the apex court.
"The public's unwillingness to make use of alternatives, particularly ADR. You know, under Sections 72 and 73 of the court's Act, we have a duty, both lawyers and judges, to promote reconciliation. Now, you try to promote reconciliation, and people just don't want to use the alternatives, so you will get a situation with so many cases. The judges are loaded with a backlog of cases," she said.
"Even lawyers don't want to (make use of the ADR)," she added.
Her comments formed part of a broader discussion on the evolution of Ghana's Supreme Court and the challenges confronting the country's justice delivery system.
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