[ 2017-03-13 ]

National Coordinator of ADR, Alex Nartey

Alternative Dispute Resolution reduces backlog of land dispute cases
The introduction of the Court Connected
Alternative Dispute Resolution (CCADR) by the
Judicial Service of Ghana has served the
country’s courts well as it has reduced
immensely the number of land dispute cases
accumulated over the years.

The process which is relatively faster and
affordable compared to the litigation process
which is time consuming and expensive has offered
disputants a better avenue in getting their land
issues settled and in a rather amiable
environment. A total number of 605 cases out of
the 1,373 mediated cases were settled last year
representing 44% settlement rate.

Speaking to the National Coordinator of ADR, Alex
Nartey, he indicated that the ADR has 30 trained
land surveyors whose role it is to mediate cases
referred by land court judges to ADR. The program
also has trained 295 mediators who have been
assigned to 67 district and circuit courts
nationwide with at least 3 mediators assigned to
each court.

"Land cases are amenable to ADR except those that
entail crime, if you have a land case, the first
thing you have to do is to find out if there's an
alternative way of resolving the dispute, it is
when you do not have that option that you should
remain in the core system and litigate", he said.

The procedure which has been incorporated in the
court aggregation process embraces the views as
well as recognizes the interests of parties
involved. ADR gives an opportunity to persons who
failed to reach consensus after the first try to
have a relook at the case when another request by
the parties is filed until judgement is declared.

Land disputes have been on the rise in Ghana, with
many generating into deadly clashes between
parties involved. Litigation has been the
prevalent procedure persons involved in land
related clashes adopted to seek redress, the
process which is slow eventually resulted in
backlog of cases involving land disputes.

Mr. Nartey stated that the ADR has since its
inception helped reduce the situation massively as
people are gradually opting for the procedure
maintaining however that criminal offences and
cases involving abuse cannot be resolved with
ADR.

"Land cases are amenable to ADR except those that
entail crime, if you have a land case, the first
thing you have to do is to find out if there's an
alternative way of resolving the dispute, it is
when you do not have that option that you should
remain in the core system and litigate"

He urged the public to opt for the process as a
first alternative in seeking redress in conflict
situations especially land related disputes since
the process is very efficient adding however that
parties need to be realistic in the presentation
of issues before court to ensure maximum results
since biases may affect the outcome of the
process.

Source - GhanaWeb.com

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