Not every dispute needs to be litigated – Chief Justice

Justice Gertrude Sackey Torkornoo, Chief Justice of the Republic of Ghana, has implored court users across the country to embrace Alternative Dispute Resolution (ADR) mechanisms for settlement of disputes to reduce caseloads in courts.

“Not every dispute needs to be litigated. For many businesses, the cost and time of taking a case to trial can be prohibitive, leaving valid claims unresolved,” she said in a speech read on her behalf at the launch of the 2025 ADR Week in Kumasi.

ADR in Ghana is facilitated by the Alternative Dispute Resolution Act, 2010 (Act 798) which promotes methods like arbitration, mediation and negotiations by offering alternatives to traditional litigation.

Since 2005, ADR mechanisms have been introduced into the country’s justice delivery system with over 38,000 cases settled through court-connected ADR.

The launch of the week-long celebration, which was held at the forecourt of the Court of Appeal in Kumasi, is on the theme: “Building the Pillars of Justice Delivery through Commercial Justice ADR.”

Ahead of the launch, a team of officials from the ADR Directorate of the Judicial Service had been engaging the business community in Kumasi to draw the attention of stakeholders to the role of court-connected ADR in the resolution of commercial cases.

The Chief Justice said ADR provided a flexible, cost-effective alternative to court proceedings, offering businesses a path to justice that might otherwise be out of reach due to the expense of litigation.

She said the establishment of Commercial Courts in Ghana and pre-trial settlement conference had proven successful and shortened delays to commercial disputes resolution.

“I must reiterate that the process is not mandatory, but it is subject to the parties’ willingness to attempt settlement. Where the parties are able to settle their claims, the terms are filed and the court adopts the terms as consent judgment which brings finality to the matter,” she explained.

Court-connected ADR, according to her, had shown remarkable potential in protecting economic stability, adding that by allowing for negotiated settlements, court-connected ADR helps parties to manage obligations realistically, balancing creditor recovery with debtor protection.

She said ADR mechanisms provided the flexibility for parties to agree on fair interest rates and terms, aligning revolutions with market realities.

“Recognising the limitations of the adversarial system, ADR offers more efficient, collaborative and cost-effective dispute resolution mechanism, making it appealing option for Ghana’s investment landscape.

Justice Mrs Angelina Mensah-Homiah, Judge in-Charge of ADR, said ADR was the saviour to justice delivery in the modern world because of its enormous benefits as compared to traditional litigation.

She said the week-long celebration sought to encourage members of the business community to use ADR to resolve their issues expeditiously so they could go back and attend to their businesses.

“ADR is the only dispute resolution mechanism that preserves or build new business relationships so it is very beneficial to the business community,” she emphasised.