A Professor of Public Law and a Fellow of the Ghana Academy of Arts and Sciences, Albert K. Fiadjoe has called for an immediate and radical reform of the country's legal system to include an Alternative Dispute Resolution (ADR) that will ease congestion of cases at the law courts and also provide much-needed access of justice for the citizens."Currently, our legal system is a jumble of pieces much like a jigsaw. As a nation we need to undertake a comprehensive referendum and review of the administration of the civil and criminal justice system", he noted.
The professor believes that when this is achieved, it will further create a congenial environment for investors to do business in the country.
Albert Fiadjoe was speaking at a public lecture on his elevation to a fellow of the Ghana Academy of Arts and Sciences in Accra recently.
According to him, the assumptions of lawyers when it comes to disputes that the law is the best instrument for resolving all disputes and that the channel for that resolution has to be through the courts needed to the revised as it has not in any way helped in settling disputes in the country.
"Our line of thinking, which is reflected in our training methods and legal institutions, is the result of a rights' culture where a conflict between two people is resolved on the basis of which party has the strongest and best-argued claim.
Fortunately for our jurisprudence, there is now an increasing recognition of the fact that legal standards alone cannot in themselves ensure an end to systematic inequalities nor do they guarantee access to realistic solutions that meet the need of individuals whose lives are usually ruptured by legal disputes," he said adding "As a consequence, many now question the basis of the rights ideology both as a method of dispute resolution and a definition of social relationships."
The ADR is a non-litigious dispute resolution processes whereby disputing parties actively participate in the resolution of their dispute under the watchful guidance of a trained neutral third party.
The proposed ADR according to Mr. Fiadjoe represents a paradigm shift of how disputants think about the resolution of their conflict which encompasses the principles of fairness, speed, informality, flexibility of outcomes and the containment of cost.
"Some of the essential principles of ADR are frank discussion, active listening, brainstorming, recognizing the legitimacy of the other and the empowerment of each party. These qualities remain significantly absent in the litigation context. Furthermore, once people have an interest in the outcome of a process and participate meaningfully in arriving at a solution, they become more committed, at least in theory, to carry out the solution, which has been arrived at. Apart from the parties themselves, the public also benefit from a more workable policy, improved implementation and better relationships," he said, drawing tumultuous applause from the crowd that graced the occasion.
Please Note:
Prof Albert K. Fiadjoe is currently the Chairman of the Ghana Constitution Review Commission
This report is sourced from here. The rest of the report can be accessed from there as well.
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