THE PULSE PRACTITIONER AND APPROPRIATE DISPUTE RESOLUTION (ADR)
Alternative Dispute Resolution (ADR) has been embraced and enshrined in the Ghanaian legal system through various legislations such as the Alternative Dispute Act, 2010 (Act 798), Labour Act, 2003 (Act 651), Land Act, 2010 (Act 1036), Chieftaincy Act, 2008 (Act 759), Courts Act, 1993 (Act 459) as well as the High Court (Civil Procedure) (Amendment) Rules, 2020. Relevant Sections give legal justification to the practice of Alternative Dispute Resolution. The use of the word “Alternative” in the various legislations except for the National Pensions Act, 2008 (Act 766) which refers to “Appropriate", suggest that the various dispute resolution methods such as Negotiation, Mediation, Facilitation and Arbitration are “alternatives” to judicial litigation at the law courts and that the judicial process is the first point of call to resolve disputes. This is most inappropriate resulting in litigation, first being taken to the courts for it to be referred for mediation or arbitration, ...