Alternative Dispute Resolution in Ghana: A Critical Look at Act 798

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Author(s): Christopher Amoasi (University of Cape Coast, Ghana)
Copyright: 2021
Pages: 17
Source title: Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies
Source Author(s)/Editor(s): Elijah Tukwariba Yin (University of Cape Coast, Ghana)and Nelson F. Kofie (Northern Virginia Community College, USA)
DOI: 10.4018/978-1-7998-7898-8.ch009

Keywords: Business Science Reference / Criminal Science & Corrections / Government and Law / Security & Forensics

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Abstract

Adjudication of issues in the Ghanaian jurisdiction can be traced back to the pre-colonial era where powers were vested in chiefs, elders, and representatives of all the major tribes. Chiefs and elders adjudicated on most issues with the family heads serving as lawyers. During the colonial era, judicial powers were vested in the Privy Council, which took away the powers of the chiefs and elders. At times parties to a dispute may want to resolve the dispute in a form other than the normal court system, hence the alternative dispute resolution (ADR). However, ADR lacks stare decisis since it set no precedent to guide similar disputes in the future. Also, there is no right of appeal when parties opt for ADR. The purpose of this chapter is to assess the use of ADR in Ghana, the challenges, and the way forward.

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