Not every dispute needs to be litigated — Chief Justice

"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," the Chief Justice, Gertrude Sackey Torkornoo, has said.

She explained that commercial dispute resolution typically involved resolving business-related legal disagreements, which could be accomplished through legal discussions, court proceedings or Alternative Dispute Resolution (ADR).

"For commercial disputes in the UK and other jurisdictions, companies may opt to turn to ADR in an attempt to reach a quicker conclusion and  maintain company relationships," the C-J added.

She, therefore, advised that disputes should be settled through ADR, describing it as a reliable means of seeking redress outside the court, which outcome was accepted by a court of competent jurisdiction.

The C-J added that embracing ADR would also enable corporate bodies and individual parties to  address disputes in a way that preserved relationships, reduced cost and promoted a culture of collaboration in the business world.

ADR Week celebration

This was contained in a speech read on behalf of the Chief Justice by a Justice of the Court of Appeal, Justice Angelina Mensah-Homiah, at this year's ADR Week celebration in Kumasi, Ashanti Region, on the theme: " Building the pillars of justice delivery through commercial justice ADR".

It seeks to sensitise potential users of court processes to settle disputes to embrace ADR as an option for expeditious resolution of cases.

In attendance were some legal practitioners and other stakeholders, including farming groups, artisans and the media.

Commercial courts

The C-J further said that the establishment of commercial courts and pre-trial settlement conferences in the country had proven successful, leading to shortened delays of commercial dispute resolution.

"I must reiterate that the process is not mandatory as 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 adopt the terms as consent judgment which brings finality to the matter.

“The finality of the decision is obtainable because ADR is the only process where parties control the outcomes", she noted.

Since its introduction in 2005, ADR in the system, 38,447 out of 88,451 cases, representing 43 per cent, had successfully been resolved.