Let's stop making ADR a last resort - Board Chairman of ADR Centre

The Chairman of the Governing Board of Ghana's Alternative Dispute Resolution (ADR) Centre, Kwesi Austin, says Ghana must move beyond treating ADR as a last resort and instead consider it first for suitable disputes.

He said the field needs stronger professional capacity to help parties reach fair and lasting settlements.

Speaking at the opening of the 29th cohort of the Professional Executive Master in Appropriate Dispute Resolution (PEM.ADR) programme at the Gamey Apex Leadership Centre in Community 26, Tema, he warned that for it to take effect, the country needs stronger professional capacity to resolve conflicts fairly and efficiently.

"The question is no longer whether disputes will occur, but whether we have the competence and institutional capacity to resolve them fairly, efficiently and sustainably," he said.

Mr. Austin further noted that the increasing demands on dispute-resolution mechanisms make it necessary for Ghana to strengthen professional standards while expanding access to alternative methods of resolving conflicts.

"The future of ADR depends on competent practitioners, ethical conduct, impartiality, confidentiality and public confidence. Training institutions must therefore equip practitioners not only with theoretical knowledge but also with practical skills, sound judgement and a commitment to continuous professional development," he said.

Alternative Dispute Resolution, otherwise known as Appropriate Dispute Resolution, encompasses processes such as mediation, arbitration and customary arbitration, which can provide parties with alternatives to resolving disputes through conventional court proceedings.

But its effectiveness depends on public confidence in the process and the ability of practitioners to manage disputes impartially and professionally.

The Chief Executive Officer of the Gamey and Gamey Group, Austin Gamey, however, stressed that expanding the reach of ADR must go hand in hand with strengthening the competence of practitioners with a licence to operate.

"You can be a lawyer, you can be a professor, you can be a so-called ADR consultant, you can be whosoever. If you are not properly capacitated, you will not be registered to practice the trade. It's not going to be like just any profession. You have to be properly licensed to do it. You must possess certain qualities, and when we are talking about integrity, it is not a joke."

ADR

He added that the future of the practice depends on "competent practitioners, ethical conduct, impartiality, confidentiality and public confidence," as it has a lot of opportunities.

"When we are talking about integrity, it is not a joke. Language usage is tremendously important. You have to learn how to use language gently, be very honest and open, be very specific to the issues, and we keep talking until the matters are resolved."

Beyond capacity building, the central question now is how Ghana can strengthen the skills, standards and public confidence needed to make ADR an effective option for resolving suitable disputes.

By Samuel Yeboah Adams