Is Alternative Dispute Resolution A Solution to Interpersonal and Group Conflicts in West Africa? The Case of Ghana

ABSTRACT

Despite great strifes at resolving civil wars and political crisis in West Africa, interpersonal and group conflicts continue to threaten the stability and security of states within the sub region. Contemporarily, these states are described as having weak institutions, poor infrastructure and poor human resource capacity necessary for resolving the root sources of the conflicts. Given the aforementioned structural and agency difficulties, the study set out to investigate the efficiency of ADR in West Africa employing Ghana as a case study. Donor partners such as the UNDP and the World Bank have prescribed ADR as a solution for managing the dysfunctional nature of the conflicts with its multifaceted mechanisms. In Ghana, since 2005, the Judicial Service has adopted ADR mechanisms as part of its comprehensive structural reforms. The ADR Act 798(2010) is the legal framework for ADR aimed at promoting justice for all by delivering timely, quicker and more affordable services to help restore faith in the formal justice delivery system. The study proved that largely ADR is popular among Ghanaians and is effective in resolving interpersonal and group conflicts by restoring, reconciling and repairing strained relationships among disputants. Disputants are prepared to recommend ADR to others once their case is resolved. Despite highlighting the advantages of ADR, its application remains constrained because of limited resources, insufficient centres, continuous political interference and lack of trained professionals. Given the immense advantages of ADR mechanisms, the study recommended more education and sensitization among Ghanaians, further training especially among prospective lawyers, reviewing the laws to amend the provision on the governing board and disassociate ADR from politics.