Use ADR for commercial disputes, not the media – GBA to businesses
The call comes as concerns grow over the increasing tendency of individuals and corporate entities to settle business disputes through media platforms, often leading to misinformation, reputational damage, and lack of proper legal resolutions.
The Ghana Bar Association (GBA) has urged businesses and individuals to prioritize Alternative Dispute Resolution (ADR) for settling commercial disputes instead of resorting to media trials.
It says ADR which has been integrated into the justice system by the country’s judiciary is to provide businesses with a structured and legally recognized approach to resolving conflicts.
The call comes as concerns grow over the increasing tendency of individuals and corporate entities to settle business disputes through media platforms, often leading to misinformation, reputational damage, and lack of proper legal resolutions.
“Thankfully, the judiciary has gone through a process where we now have ADR as part of the justice delivery system, and our commercial court is there for us,” said Kwame Owusu Sekyere, the Ashanti Regional President of the Ghana Bar Association.
He cautioned that using media platforms to settle disputes not only undermines the legal system but is also unconstitutional. According to him, media debates do not offer enforceable resolutions, leaving parties without legal redress.
“The issue where people take their matters to the media for adjudication does not work and is unconstitutional,” he stressed.
Sekyere explained that ADR offers businesses a fair process with the right to appeal if dissatisfied with an outcome—an option that does not exist when cases are litigated in the media.
“The process for ADR goes through the judicial system, where if you have an issue or are dissatisfied, you have the right to appeal—something that does not exist when the media decides,” he noted.
He encouraged businesses and the public to take advantage of the court-connected ADR system, which provides a faster, cost-effective, and legally binding alternative to prolonged court battles or public media discussions.
“On this note, we invite the public and the people of Ghana to accept the court-connected ADR for adjudication in their disputes when they arise,” he added.
Sekyere made these remarks during the launch of the 2025 ADR Week in Kumasi on the theme: “Building the pillars of Justice Delivery through commercial justice ADR”.
Justice Angelina Mensah-Homia, Court of Appeal Judge in charge of Alternative Dispute Resolution (ADR), deputized for Chief Justice Gertrude Sackey Torkornoo at the launch of the 2025 ADR Week, emphasizing the need for innovative mechanisms in dispute resolution.
In a speech read on her behalf, the Chief Justice highlighted ADR as a constructive, effective, and efficient alternative to commercial litigation, offering businesses mediation, arbitration, and negotiation options. She stressed that ADR fosters collaboration, reduces costs, and preserves business relationships.
“Embracing ADR allows us to resolve disputes efficiently while maintaining harmony in the business world,” she stated, adding that Ghana’s Commercial Courts and pre-trial settlement conferences have already proven successful in expediting dispute resolution.
The Chief Justice stressed that judges are mandated to encourage parties to consider ADR, recognizing its role in ensuring economic stability and fair commercial justice.
Supervising High Court Judge, Justice Hannah Taylor, underscored ADR’s benefits, stating that it provides relief to litigants, facilitates conflict resolution, and reduces the burden on the courts. She revealed that Ghana now has ADR systems connected to 138 courts, with 635 coordinators nationwide, including 29 lower courts in the Ashanti Region.
The 2025 ADR Week will feature interactions with key stakeholders, including the Ashanti Bar Association, the Attorney General’s Department, and the Ghana Prisons Service.
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