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Chief Justice Torkornoo advocates ADR integration into Ghana’s legal framework to enhance access to Justice

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By Mabel Esinam Awagah

Chief Justice Gertrude Torkornoo is advocating the integration of mediation into Ghana’s legal framework. This, she says, will enable the Judiciary to fully harness mediation’s potential in offering alternate dispute resolution and improving access to justice.

In a message at the launch of “The Mediation Bridge” institution in Accra, the Chief Justice said the integration will make mediation a standard component in the alternative dispute resolution landscape and a beacon of hope empowering individuals seeking to resolve their disputes using the legal process. The message was presented by Justice Patricia Quansah.

Chief Justice Gertrude Torkornoo said the judicial service shall rely on the institution to provide judges and magistrates in Ghana with dispute resolution training. She urged the institute to strive to serve as a hub of mediators whom the court can refer to, when in need.

“Mediation Bridge, as the name suggests, can be set to be at the right place at the right time. We all need this bridge. We rely on you to provide judges and magistrates in Ghana in dispute resolution training as we have been doing.

“I would also suggest that perhaps if you could have a pot of mediators who could be in full volume so that if the court needs you, we just refer you to the Mediation Hub.”

“Mediation indeed truly serves as a bridge for many who may not have the resources or the time to engage in prolonged litigation.
“It significantly eases the workload of our courts and this increases the efficiency and quality of judicial procedures ensuring that justice is not only done but it is seen to be done. Indeed, the Lands Act 2020 Act 1037 requires land disputes to explore ADR before going to Court.

“Through mediation, individuals gain a platform to resolve disputes in a timely, cost-effective manner, bypassing the complexities and delays often associated with traditional litigation.

“Mediation not only fosters quicker resolution but also empowers the individual by promoting collaboration, empathy and mutual understanding,” She emphasized.

The President of The Mediation Bridge, Chris Essilfie urged members of the institution to uphold the core values of the profession such as empathy, patience, confidentiality, and impartiality to serve as a guide in the nuanced process of resolving disputes.

“As we start this journey, let us remember the core values of empathy, patience, confidentiality, and impartiality in mediation. These principles are the foundation of our institution and will guide us in the nuanced process of resolving disputes.

“Our mediators act as facilitators, not judges, guiding discussions while allowing the parties involved to take ownership of their resolution. We manage the process.We control the process, but the outcomes are controlled by the participants,” He noted.

The Mediation Bridge Institution will provide a platform that empowers individuals and organizations to resolve disputes through effective mediation to preserve and strengthen relationships.

The institution shall begin a free training session on mediation for interested stakeholders in the coming month to equip participants with the knowledge to navigate the mediation process effectively and to understand its importance in fostering and recovering conflict resolution.

Mediation within the concept of alternative distribution discourse, is a non-adversarial proceeding and a voluntary process in which a neutral mediator helps to clarify each of the party’s positions, strengths, and weaknesses.

The establishment of the mediation institute will also serve as a common platform for mediation organizations to collaborate and ensure efficacy in their work.

The establishment of the Mediation Bridge institution highlights the firm commitment of mediation organizations in the country to offering a platform where disagreements can be settled amicably and fairly.

The Mediation Bridge stands not only as a place, but also as a beacon of hope and progress where conflicts meet common grounds, conversation takes the place of confrontation, and peace triumphs over discord.

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