Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch007
Elijah Tukwariba Yin, Beamie-Moses Seiwoh
This chapter aims to examine the costs and delays in accessing justice in Ghana and Sierra Leone. It is argued that despite the promising and legal history of Ghana and Sierra Leone, with existing court structures and legal procedures on civil and criminal matters, the legal spaces of both countries are fraught with costs and delays in accessing justice. The authors used secondary data from the World Bank, Afrobarometer Report, statutes, court documents, website articles, etc. to underpin the write-up. It was found that citizens in both countries were confronted with delays and costs in accessing justice. It is recommended that in an era of cell phones and various apps, the justice sector should endeavour to go hi-tech by sending alerts to litigants, lawyers, and witnesses warranting their presence at an appointed date and time.
{"title":"Costs and Delays in Accessing Justice","authors":"Elijah Tukwariba Yin, Beamie-Moses Seiwoh","doi":"10.4018/978-1-7998-7898-8.ch007","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch007","url":null,"abstract":"This chapter aims to examine the costs and delays in accessing justice in Ghana and Sierra Leone. It is argued that despite the promising and legal history of Ghana and Sierra Leone, with existing court structures and legal procedures on civil and criminal matters, the legal spaces of both countries are fraught with costs and delays in accessing justice. The authors used secondary data from the World Bank, Afrobarometer Report, statutes, court documents, website articles, etc. to underpin the write-up. It was found that citizens in both countries were confronted with delays and costs in accessing justice. It is recommended that in an era of cell phones and various apps, the justice sector should endeavour to go hi-tech by sending alerts to litigants, lawyers, and witnesses warranting their presence at an appointed date and time.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"11 suppl_1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123394366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch001
Seth Tweneboah
The chapter takes an integrative look at a largely neglected field of conflict resolution mechanism in Ghana: the extent to which belief in traditional deities both enhance and undercut justice delivery systems in society. It contends that through duabɔ (imprecation) there is an enduring influence of traditional deities as part of legal regulatory frameworks in society. The chapter, thus, uncovers the hidden resources of traditional deities as useful channels of conflict resolution. The chapter draws on proceedings from the Akan customary conflict resolution mechanism to demonstrate both the usefulness and challenges of traditional justice delivery method in contemporary Ghana and encourages the need for its modification to suit the needs of legal modernity. The chapter is the product of a qualitative analysis of empirical ethnographic material gathered from the everyday facts of Ghanaian religious communities and public domain.
{"title":"Akan Deities as Agents of Conflict Resolution Mechanism in Ghana","authors":"Seth Tweneboah","doi":"10.4018/978-1-7998-7898-8.ch001","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch001","url":null,"abstract":"The chapter takes an integrative look at a largely neglected field of conflict resolution mechanism in Ghana: the extent to which belief in traditional deities both enhance and undercut justice delivery systems in society. It contends that through duabɔ (imprecation) there is an enduring influence of traditional deities as part of legal regulatory frameworks in society. The chapter, thus, uncovers the hidden resources of traditional deities as useful channels of conflict resolution. The chapter draws on proceedings from the Akan customary conflict resolution mechanism to demonstrate both the usefulness and challenges of traditional justice delivery method in contemporary Ghana and encourages the need for its modification to suit the needs of legal modernity. The chapter is the product of a qualitative analysis of empirical ethnographic material gathered from the everyday facts of Ghanaian religious communities and public domain.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114967738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch005
Rattan Singh
The subordinate judiciary of a nation plays an important role in the administration and dispensation of justice. A judicial officer in the subordinate courts performs a “pious duty” in the service of justice. A majority of the members of the society come in contact with the trial court judges rather than with the appellate or higher court judges. No law, court, precedent, or custom can provide guidelines for better administration of justice, because there is no fixed formula to find the solution of the problem. In such situations, personal qualities, experience, training, and worth of a trial judge make themselves manifest. Through the image of subordinate judiciary and its functioning, the true picture of judiciary presents itself to the nation. The mind of the judiciary can be known to the millions only through the actions and working of the subordinate or trial court judges. In this chapter, researcher has pointed out some problems faced by subordinate courts and judges due to the backlog, and the daily increase, in legal cases.
{"title":"Judging the Subordinate Judiciary","authors":"Rattan Singh","doi":"10.4018/978-1-7998-7898-8.ch005","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch005","url":null,"abstract":"The subordinate judiciary of a nation plays an important role in the administration and dispensation of justice. A judicial officer in the subordinate courts performs a “pious duty” in the service of justice. A majority of the members of the society come in contact with the trial court judges rather than with the appellate or higher court judges. No law, court, precedent, or custom can provide guidelines for better administration of justice, because there is no fixed formula to find the solution of the problem. In such situations, personal qualities, experience, training, and worth of a trial judge make themselves manifest. Through the image of subordinate judiciary and its functioning, the true picture of judiciary presents itself to the nation. The mind of the judiciary can be known to the millions only through the actions and working of the subordinate or trial court judges. In this chapter, researcher has pointed out some problems faced by subordinate courts and judges due to the backlog, and the daily increase, in legal cases.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131434445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch010
J. Boateng, Ernest Darkwa
The chapter explores the dilemma of alternative dispute resolution (ADR) and access to justice for women in Ghana. It argues that introduction and use of ADR has contributed to improving access to justice with regards to reducing delays in formal court procedures, cost reduction, time saving, opening spaces for less-resourced individuals and groups, particularly women, to have access to justice. Above all, ADR does bring access to justice systems close to remote areas, serving the needs of disadvantaged individuals including women and others who are most vulnerable. However, the weaknesses and challenges in the formal legal system, coupled with the historical and cultural dynamics of the Ghanaian society, which is patriarchal in nature, have prevented mostly women from reaping the maximum benefits of ADR. Revisiting the challenges of the justice system and the historical and cultural norms of Ghana would help increase and enhance women's access to justice through ADR.
{"title":"Unpacking the Dilemma of Alternative Dispute Resolution and Access to Justice by Women in the Ghanaian Context","authors":"J. Boateng, Ernest Darkwa","doi":"10.4018/978-1-7998-7898-8.ch010","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch010","url":null,"abstract":"The chapter explores the dilemma of alternative dispute resolution (ADR) and access to justice for women in Ghana. It argues that introduction and use of ADR has contributed to improving access to justice with regards to reducing delays in formal court procedures, cost reduction, time saving, opening spaces for less-resourced individuals and groups, particularly women, to have access to justice. Above all, ADR does bring access to justice systems close to remote areas, serving the needs of disadvantaged individuals including women and others who are most vulnerable. However, the weaknesses and challenges in the formal legal system, coupled with the historical and cultural dynamics of the Ghanaian society, which is patriarchal in nature, have prevented mostly women from reaping the maximum benefits of ADR. Revisiting the challenges of the justice system and the historical and cultural norms of Ghana would help increase and enhance women's access to justice through ADR.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126915283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch002
Taruna Arora, N. Mehra
Since the Vedic period, India is known for its commitment to justice, democratic values, the rule of law, and the welfare of individuals. The thrust of the chapter is an examination of tools of civil justice in ancient as well as modern texts underlining the bond of ‘social contract'. The analysis aims to identify similarities and gaps in the traditional and contemporary aspects of civil justice in India. These findings would enable legal scholars and practitioners to draw from, and to connect, the history of accumulated legal guidance and reasoning to the modern mechanism of justice. The examination of those concepts in the context of contemporary relevance accompanied with the principles of interpretation can maximise the utility of these principles. The discussion may offer important clues for policymakers, community organisations, law-making agencies, and citizens to strengthen their faith in the judicial system, being a blend of aboriginal and modern.
{"title":"Administration of Civil Justice in India","authors":"Taruna Arora, N. Mehra","doi":"10.4018/978-1-7998-7898-8.ch002","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch002","url":null,"abstract":"Since the Vedic period, India is known for its commitment to justice, democratic values, the rule of law, and the welfare of individuals. The thrust of the chapter is an examination of tools of civil justice in ancient as well as modern texts underlining the bond of ‘social contract'. The analysis aims to identify similarities and gaps in the traditional and contemporary aspects of civil justice in India. These findings would enable legal scholars and practitioners to draw from, and to connect, the history of accumulated legal guidance and reasoning to the modern mechanism of justice. The examination of those concepts in the context of contemporary relevance accompanied with the principles of interpretation can maximise the utility of these principles. The discussion may offer important clues for policymakers, community organisations, law-making agencies, and citizens to strengthen their faith in the judicial system, being a blend of aboriginal and modern.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133187988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch003
Francis Kofi Korankye-Sakyi
Civil justice comprises the entire system of the administration of justice in civil matters. One significant discourse concerning the civil justice system in the last three decades is reform. This is due to various controversies around the subject resulting in crises. African approaches to civil justice jurisprudence encompass a variety of theoretical and normative elements that shape the way Africans conceive justice delivery. Over the years of the reform debate, not enough light has been shed on this to explain the existence of such perspective. It is argued that the African position to civil justice in the current reforms debate must not be pinned to just the doctrinal option imbedded in statutes but also be based on methods and procedures nurtured on the soil of Africa that align with the practical needs of the people encompassing social, political, cultural, and religious values. The chapter concludes that the African system of justice delivery is largely mirrored in the Ghanaian experience to justice system in civil jurisprudence.
{"title":"The Civil Justice Reform Debate","authors":"Francis Kofi Korankye-Sakyi","doi":"10.4018/978-1-7998-7898-8.ch003","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch003","url":null,"abstract":"Civil justice comprises the entire system of the administration of justice in civil matters. One significant discourse concerning the civil justice system in the last three decades is reform. This is due to various controversies around the subject resulting in crises. African approaches to civil justice jurisprudence encompass a variety of theoretical and normative elements that shape the way Africans conceive justice delivery. Over the years of the reform debate, not enough light has been shed on this to explain the existence of such perspective. It is argued that the African position to civil justice in the current reforms debate must not be pinned to just the doctrinal option imbedded in statutes but also be based on methods and procedures nurtured on the soil of Africa that align with the practical needs of the people encompassing social, political, cultural, and religious values. The chapter concludes that the African system of justice delivery is largely mirrored in the Ghanaian experience to justice system in civil jurisprudence.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"84 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129649630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch008
O. Olanrewaju, Sunday Onuegbu
In 2009, the Fundamental Rights Enforcement Procedure (FREP) Rules of 1979 was revised to ease the cumbersome process encountered by applicants/lawyers in advocating for the enforcement of fundamental human rights in court. Despite this, human rights lawyers still encounter several challenges when representing applicants for the enforcement of fundamental human rights in court. This chapter examines these challenges and adopts primary research method. Data were gathered from human rights lawyers via video conferencing platforms: Skype and Zoom. Findings reveal that issues of procedural rules of court and disrespect for court orders are some of the challenges encountered by human rights lawyers. The chapter recommends that judges should avoid placing unnecessary emphasis on the procedural rules of court. In addition, human rights lawyers and non-governmental organizations (NGOs) should maintain continuous advocacy for the enforcement of fundamental human rights towards holding government and its agencies more accountable for disrespect of court orders.
{"title":"Access to Justice and Legal Representation in Nigeria","authors":"O. Olanrewaju, Sunday Onuegbu","doi":"10.4018/978-1-7998-7898-8.ch008","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch008","url":null,"abstract":"In 2009, the Fundamental Rights Enforcement Procedure (FREP) Rules of 1979 was revised to ease the cumbersome process encountered by applicants/lawyers in advocating for the enforcement of fundamental human rights in court. Despite this, human rights lawyers still encounter several challenges when representing applicants for the enforcement of fundamental human rights in court. This chapter examines these challenges and adopts primary research method. Data were gathered from human rights lawyers via video conferencing platforms: Skype and Zoom. Findings reveal that issues of procedural rules of court and disrespect for court orders are some of the challenges encountered by human rights lawyers. The chapter recommends that judges should avoid placing unnecessary emphasis on the procedural rules of court. In addition, human rights lawyers and non-governmental organizations (NGOs) should maintain continuous advocacy for the enforcement of fundamental human rights towards holding government and its agencies more accountable for disrespect of court orders.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125914534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch011
E. Barnes, A. Obeng
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.
{"title":"Challenges Facing Mediation as a Means of Court-Connected Alternative Dispute Resolution in the Ashanti Region of Ghana","authors":"E. Barnes, A. Obeng","doi":"10.4018/978-1-7998-7898-8.ch011","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch011","url":null,"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.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122035385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch013
Mitsu Parikh, V. S. Krishna
The reform of civil and criminal justice systems is a contentious issue and has become the top priority for the international community in re-establishing the rule of law. The justice systems in many common law jurisdictions are perceived to be ‘in crisis' deformed by exorbitant delay, cost, and complexity in proceedings. The level of resources engulfed in the judicial system has very little or no impact on judicial performance. Comparative and comprehensive analysis of the law not only leads to a better realization of the foreign laws, but also it aids with law unification. This chapter will attempt to highlight the issues in the civil and criminal justice system and comparatively analyze the scenario in England, Singapore, and India. In furtherance, the authors explore the possible methods to curb the delay in justice systems and canvas the modern trends in civil and criminal justice policy.
{"title":"Recent Trends and Repercussions in Civil and Criminal Justice Systems","authors":"Mitsu Parikh, V. S. Krishna","doi":"10.4018/978-1-7998-7898-8.ch013","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch013","url":null,"abstract":"The reform of civil and criminal justice systems is a contentious issue and has become the top priority for the international community in re-establishing the rule of law. The justice systems in many common law jurisdictions are perceived to be ‘in crisis' deformed by exorbitant delay, cost, and complexity in proceedings. The level of resources engulfed in the judicial system has very little or no impact on judicial performance. Comparative and comprehensive analysis of the law not only leads to a better realization of the foreign laws, but also it aids with law unification. This chapter will attempt to highlight the issues in the civil and criminal justice system and comparatively analyze the scenario in England, Singapore, and India. In furtherance, the authors explore the possible methods to curb the delay in justice systems and canvas the modern trends in civil and criminal justice policy.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114604087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4018/978-1-7998-7898-8.ch009
Christopher Amoasi
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.
{"title":"Alternative Dispute Resolution in Ghana","authors":"Christopher Amoasi","doi":"10.4018/978-1-7998-7898-8.ch009","DOIUrl":"https://doi.org/10.4018/978-1-7998-7898-8.ch009","url":null,"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.","PeriodicalId":174412,"journal":{"name":"Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128214621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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