Bright Ntramah
President Akufo-Addo has inaugurated an eight-member board of the Alternative Dispute Resolution Centre with a call to maintain independence and impartiality in the conduct of their duties.
The Board is chaired by former Justice of the Supreme Court, Justice Jones Dotse. Other members are Mrs Efua Ghartey, Francis Kofi Korankye Sakyi, Michael Gyang Owusu, Jose Nicco Annan, Angelina Mensah Homiah, Joyce Adu, and Philomina Aba Sampson.
President Akufo-Addo assured the Board that the centre will not be subject to the direction or control of any person or authority in the performance of its functions.
The inauguration of the governing board of the ADR centre paves the way for the full operationalization of the ADR center. The centre is expected to serve as a platform for ADR practitioners to improve the skills of their practice, as members on the centre’s register would be assigned cases for arbitration.
The role of alternative dispute resolution in a 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.
These methods have proven to be effective in several jurisdictions around the world, and they are expected to yield similar benefits here in Ghana. In 2010, the Alternative Dispute Resolution Act, Act 798, was promulgated to provide for the settlement of disputes by arbitration, mediation, and customary arbitration. In order to guide the practice of alternative dispute resolution in Ghana and to enable the nation to reap its full benefits, Section 114, Clause 1 of Act 798, requires the state to establish an alternative dispute resolution centre with a governing board constituted in the manner prescribed in the section. It is for this reason that President Akufo-Addo inaugurated the governing board at a brief ceremony at the Jubilee House.
The board is invested with power under the Act to provide facilities for the resolution of disputes through arbitration, mediation, and other forms of voluntary dispute resolution. It is also required, among other things, to register experienced and qualified persons as arbitrators and mediators and make rules for the conduct of arbitration and mediation.
President Akufo-Addo was mindful of the primary concern of the international community when a state sets up an arbitration center. He again assured them of its financial independence, as the ADR law provides for the establishment of an alternative dispute resolution fund.
President Akufo-Addo was hopeful that the establishment of the ADR Centre would provide a viable opportunity for multimillion-dollar commercial disputes and cases involving the use of the state’s resources to be resolved in Ghana in a very wholesome environment. He said the Centre will enable ADR practitioners, particularly members of the Ghana Bar Association, to sharpen their skills in the resolution of such disputes. This should propel Ghana to be an arbitration hub in Africa, particularly in West Africa.
The Board Chair of the ADR Centre, Justice Jones Dotse, assured the President that the Board will hit the ground running and ensure the objectives of the centre are achieved.
With the Board now in place, the President is required to appoint an Executive Secretary for the centre in consultation with the board and in accordance with Article 195 of the Constitution. Subject to the directions of the board, the Executive Secretary will be responsible for the day-to-day administration of the centre.
