President Akufo-Addo has inaugurated for the first, an eight-member governing board for the Alternative Dispute Resolution (ADR) Centre as stipulated in part four of the Alternative Dispute Resolution Act 2010, (Act798), charging them to do everything within their mandate to make ADR a viable option to traditional litigation in Ghana.
Addressing members of the board after swearing them into office at a ceremony held at the Jubilee House today, Tuesday, 16 July 2024, President Akufo-Addo said the constitution of the board as provided for under section 114 of the ADR Act opens a new chapter in civil litigation in Ghana.
“The role of alternative dispute resolution in our legal system has come to be well-accepted. ADR mechanisms such as mediation, arbitration, and negotiation provide parties with the opportunity to resolve their disputes amicably, preserving relationships and fostering a culture of dialogue and understanding,” Akufo-Addo said.
“These methods have proven to be effective in several jurisdictions around the world and I am confident that they will yield similar benefits here in Ghana, President of the Republic, Nana Addo Dankwa Akufo-Addo further stated.
Section 114 of the Alternative Dispute Resolution Act 2010, (Act 798) provided that; “(1) There is established by this Act an Alternative Dispute Resolution Centre. (2) The Centre is a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.
“(3) The Centre may for the performance of its functions under this Act acquire and hold movable or immovable property, dispose of its property and may enter into a contract or any other transaction.
“(4) Where there is a hindrance to the acquisition of property, the property may be acquired for the Centre under the State Property and Contracts Act, 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Centre. Object and functions of the Centre.
Section 115 of the ADR Act also states the functions and object of the centre which is essentially to facilitate the practice of alternative dispute resolution. For the attainment of its object, the Centre shall
“(a) provide facilities for the settlement of disputes through arbitration, mediation and other voluntary dispute resolution procedures
“(b) exercise any power for alternative dispute resolution conferred on it by parties to a dispute but shall not be involved in actual resolution of the dispute
“(c) keep a register of arbitrators and mediators; (d) provide a list of arbitrators and mediators to persons who request for the services of arbitrators and mediators
“(e) provide guidelines on fees for arbitrators and mediators; (f) arrange for the provision of assistance to persons as it considers necessary; (g) from time to time examine the rules of arbitration and mediation under this Act and recommend changes in the rules
“(h) conduct research, provide education and issue specialised publications on all forms of alternative dispute resolution, (i) set up such regional and district offices of the Centre as the Board considers appropriate.”
Full operationalisation
Because of these provisions in the Act, President Akufo-Addo noted that the “inauguration of the governing board of the ADR centre paves the way for the full operationalisation of the ADR centre.
The centre the President said, “is expected to serve as a platform for ADR practitioners to improve the skills of their practice as members on the centre’s register will be assigned cases for resolution.”
Commendations
President Akufo-Addo in his address, commended the Chief Justice, Justice Gertrude Araba Sackey Torkornoo and the Attorney General and Minister of Justice, Godfred Yeboah Dame for the personal commitment to ensuring that the ADR centre becomes fully operational in line with the ADR Act.
Additionally, President Akufo-Addo observed that the Attorney General and the department deserved acclamation for several international arbitration cases it has prosecuted on behalf of the state in international court in recent times and has won, saving the state several millions of dollars in what could have been judgement debts.
Chairman/ board members
In his response, Justice Jones Dotse (Rtd), chairman of the governing expressed the gratitude of the entire board to the President, the Chief Justice and the Attorney General for the confidence reposed in them. He indicated that together with his colleagues on the board, they will hit the ground to realise the objects of the centre in the shortest possible time.
The governing board is chaired by Justice Victor Jones Dotse, a retired justice of the Supreme Court of Ghana. The remaining members of the board are Mrs Efua Ghartey, nominee of the President, and Mr Francis Kofi Korankye Saayi, representative of the Ghana Chamber of Commerce.
The rest are Mr Michael Gyang Owusu ESQ, representative of the Ghana Bar Association, Surveyor Jose Nicco-Annan, representative of the Ghana Institute of Surveyors, her ladyship, Justice Angelina Mensah-Homiah, from the Judiciary, Ms Joyce Adu, the Institute of Chartered Accountants, and Mrs Philomena Aba Sampson, representative of organised labour.