Chief Justice Gertrude Araba Essaba Sackey Torkornoo has called on legal practitioners, business leaders, policymakers, and citizens to actively support the Alternative Dispute Resolution (ADR) mechanism as a crucial component of commercial justice.
She emphasized that ADR offers a faster, more efficient way to resolve disputes while easing the burden on the courts.
In a speech delivered on her behalf by Justice Angelina Mensah-Homiah, Justice of the Court of Appeal, during the launch of this year’s ADR Week in Kumasi on Monday (17 March), the Chief Justice stressed that ADR strengthens the commercial environment and ensures businesses can operate smoothly.
“By resolving disputes in a manner that respects the interests of all parties, ADR strengthens our commercial environment, making it one where businesses can thrive, and justice is both accessible and efficient,” she stated.
The 2025 ADR Week, themed “Building the Pillars of Justice Delivery through Commercial Justice ADR,” runs from 17 to 21 March 2025. The Chief Justice highlighted that ADR mechanisms—such as mediation and arbitration—have been widely adopted due to their ability to preserve relationships beyond the dispute resolution process.
“ADR mechanisms are less adversarial and thus have the ability to reconcile parties and preserve relationships beyond the dispute management process,” she explained.
“Our purpose is to promote and uphold peace among disputing parties. The disadvantages of litigation are not something we take pleasure in,” she noted. The Chief Justice also acknowledged existing challenges, stating that many businesses and individuals are either unaware of ADR’s benefits or hesitant to move away from traditional litigation.
To address this, she revealed that the Judiciary is intensifying efforts to educate the public and train ADR professionals.
“To foster a deeper commitment to ADR, we will ensure that ADR professionals receive robust refresher training and that the public is educated on the advantages of ADR in managing financial disputes,” she said.
“We started this exercise two weeks ago by engaging various stakeholders in the business community—cocoa cooperative societies, traders’ associations, savings and loans institutions, and garages. In our next engagements, we will target transport associations and other groups,” she added.
The Chief Justice highlighted that Ghana’s Commercial Courts and pre-trial settlement conferences have proven successful in resolving cases efficiently, in line with procedural rules such as Order 58 of CI 47 and the District Court Rules, CI 59.
“These procedural rules make it mandatory for Judges and Magistrates to enquire from parties who appear before them, whether they are willing to have their cases settled through ADR,” she noted.
She further emphasized that Court-Connected Alternative Dispute Resolution (CCADR) has significantly contributed to economic stability by allowing negotiated settlements.
“CCADR has helped parties manage obligations realistically, balancing creditor recovery with debtor protection. ADR mechanisms have also provided the flexibility for parties to agree on fair interest rates and terms, aligning resolutions with market realities,” she added.
Activities for the ADR Week include mass mediation sessions in 138 ADR-connected courts nationwide, media engagements, and sensitization programs for court users, judges, and magistrates.
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