Mediation as an option under alternative dispute resolution: The case of Ghana

Abstract

The paper carries out a detailed discussion on mediation as one of the options under the Alternative Dispute Resolution mechanism in Ghana. It looks at the historical basis and its connection with the culture and tradition of the people as well as the legal framework for the practice of Mediation. It also looks at issues of jurisdiction, capacity, and role of the court system. On the whole, the paper indicates that mediation in Ghana is regulated by law, founded on the basis of consensus by parties; agreements or awards out of mediations are binding, final, and enforceable. The paper indicates that mediation is deeply rooted in the customary laws and usages of the people as their foremost mode of conflict resolution mechanism before the introduction of the formal court system and litigation. Notwithstanding, mediation is ever-present as a tool for conflict resolution in every Ghanaian home and community of people.