Challenges Facing Mediation as a Means of Court-Connected Alternative Dispute Resolution in the Ashanti Region of Ghana

E. Barnes, A. Obeng
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Abstract

In 2012-2016, the number of cases referred to CCADR for mediation was 14,900. And out of these cases, 5,789 were successfully resolved to represent 38%. The total number of mediated cases pending were 9,111, representing 62%. Though there seems to be an improvement in terms of a decrease in pending cases, the number of pending cases leaves much to be desired. Premising on the above statistics, it has been noted that 9,111 ADR cases were pending in CCADR. Meanwhile, mediation under the CCADR program is known to be faster, affordable, and to reduce the overloaded courts' dockets. This has boosted the interest, trust, and confidence people had in mediation, and this has resulted in the increasing number of cases referred to ADR for mediation. However, the system, which was instituted to reduce overloaded courts' dockets, is bedeviled with challenges. The study seeks to explore the challenges confronting mediation as a means of ADR approach.
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调解作为加纳阿散蒂地区与法院相关的替代性争端解决手段所面临的挑战
2012-2016年,提交CCADR进行调解的案件数量为14,900起。在这些案件中,成功解决了5789起,占38%。调解未决案件总数为9111起,占62%。虽然在待决案件减少方面似乎有所改善,但待决案件的数量仍有待改进。在上述统计数据的基础上,我们注意到,在CCADR中有9111个ADR案件悬而未决。与此同时,CCADR项目下的调解被认为是更快、负担得起的,并减少了法院积压的案件。这提高了人们对调解的兴趣、信任和信心,这导致越来越多的案件提交ADR进行调解。然而,这一旨在减少法院积压案件的制度却面临着诸多挑战。本研究旨在探讨调解作为ADR方法的一种手段所面临的挑战。
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