Alternative Dispute Resolution and Case Management Innovations
This domain tests how Ghanaian civil justice diverts cases from full trial - through statutory ADR under the Alternative Dispute Resolution Act, 2010 (Act 798) and court-connected case management - and what happens to a dispute once diverted.
The ADR Act, 2010 (Act 798)
- The Act provides for mediation, arbitration and customary arbitration. A mediation settlement reduces the dispute to a binding agreement; where reached in court-connected mediation it is commonly adopted as a consent judgment, making it enforceable as a court order.
- Arbitration rests on a written arbitration agreement. Where a party sues in court in breach of that agreement, the other may apply to stay the court proceedings; the application must be made before taking a step in the proceedings inconsistent with the agreement.
- The arbitral tribunal may rule on its own jurisdiction, order interim measures, and make a final award binding on the parties. Enforcement is by leave of the High Court, whereupon the award is treated as a judgment; the grounds for setting aside are narrow - misconduct, exceeding jurisdiction, serious procedural irregularity, or conflict with public policy. There is no general appeal on the merits.
Court-connected ADR and case management
The High Court, particularly its Commercial Division, refers suitable cases to mediation at pre-trial stage; a settlement is recorded and the suit discontinued or a consent judgment entered. Case-management innovations include pre-trial conferences, scheduling orders, limits on adjournments with costs sanctions, agreed trial bundles, witness statements filed in advance, and practice directions permitting remote hearings. Compliance with case-management timelines is itself a source of marks: non-compliance invites unless orders and costs.
Worked example
A contract contains an arbitration clause. The defendant ignores it, files a defence and then, three months later, applies to stay the proceedings for arbitration. Reasoning: the application comes too late because the defendant has taken a step in the proceedings; the stay will likely be refused and the case proceeds in court, with costs consequences for the wasted step.
Traps that cost marks
Treating an arbitral award as appealable on the facts; applying for a stay after delivering a defence; failing to plead and prove the settlement or award when enforcing it; and ignoring costs exposure for refusing a reasonable mediation referral.