Resolving disputes without going to court
Arbitration, mediation and customary arbitration under the Alternative Dispute Resolution Act, and when each makes sense.
· 1 min read
Court cases can take years. The Alternative Dispute Resolution Act, 2010 (Act 798) gives parties other ways to settle a dispute, often faster and in private.
Arbitration
An arbitrator, chosen by the parties or appointed for them, hears the dispute and makes an award that binds both sides and can be enforced like a court judgment. Many commercial contracts include an arbitration clause.
Mediation
A mediator helps the parties reach their own settlement. Nothing is imposed; if an agreement is reached and signed, it binds the parties.
Customary arbitration
The Act also recognises customary arbitration, where the parties voluntarily submit a dispute to arbitrators under customary law.
Some matters must go to court
Certain disputes, such as those involving the national or public interest, the environment, or the enforcement of criminal law, cannot be settled by arbitration.
Sources
- Alternative Dispute Resolution Act, 2010 (Act 798)
- Judicial Service of Ghana, court-connected ADR
- GhaLII, Ghana Legal Information Institute (texts of Ghanaian statutes and judgments)
This article is general information about Ghanaian law, not legal advice. Speak to a lawyer about your own situation.
This article is general information, not legal advice. Please contact us about your own situation.
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