In Ghana, the judiciary is vested with final judicial authority to entertain both civil and criminal disputes (suits). This note will discuss an alternative way of resolving disputes between two or more parties other than through the judiciary. This alternative way is often referred to as alternative dispute resolution. The note will discuss the meaning of alternative dispute resolution, how it generally compares to litigation, and its statutory recognition. In subsequent notes, the history, advantages, and disadvantages of alternative dispute resolution.
This note will discuss how alternative dispute resolution (ADR) evolved generally and how it evolved in Ghana.
This note discusses the advantages and disadvantages of alternative dispute resolution. In discussing the advantages of alternative dispute resolution, the disadvantages of litigation will be referenced. Similarly, in discussing the disadvantages of alternative dispute resolution, the advantages of litigation will be highlighted.
This note will discuss the meaning of conflict, the distinction between real and perceived conflict, and its effects.
Conflicts can be categorised into five groups according to their causes. These causes are in the nature of disputes, with each type of dispute giving rise to a specific category of conflict. The categories of conflicts to be discussed are data conflicts, which are caused by data disputes; value conflicts, which are caused by value disputes; relationship conflicts, which are caused by relationship disputes; behavioural conflicts, which are caused by behavioural disputes; and structural conflicts, which are caused by structural disputes. The note will also discuss how each category of conflict is resolved.
Various people respond differently to conflict. Whenever there is a conflict, people may respond in the following ways: avoidance, accommodation, competition, collaboration, and compromising. The choice of a response is often influence by several factors which are all discussed in this note.
This note will discuss the meaning of negotiation, its salient characteristics, and highlight the styles of negotiation.
This note will discuss the meaning of positional bargaining, styles of positional bargaining, and the problems that accrue when parties engage in positional bargaining or argue over positions.
This note will discuss the meaning of principled negotiation, its salient characteristics, and the five principles of principled negotiation.
One of the principles or strategies of principled negotiation is separating the people from the problem. This note will discuss what it means to separate people from the problem, why there is the need for such separation, and how the separation is achieved.
One of the principles or strategies of principled negotiation is focusing on interests and not positions. This note will discuss the meaning of positions, the meaning of interests, why there should be a focus on interests and not positions, and how interests are identified.
One of the principles or strategies of principled negotiation is inventing options for mutual gain. This note will discuss what it means to invent options for mutual gain, the essence of creating options for mutual gain in negotiation, and factors that inhibit the creation of options for mutual gain.
One of the principles or strategies of principled negotiation is insisting on objective criteria. This note will discuss what it means to insist on objective criteria, the essence of using objective criteria, and how to use objective criteria in negotiations.
One of the principles or strategies of principled negotiation is knowing your best alternative to a negotiated agreement, hereafter referred to as BATNA. This note will discuss the meaning of BATNA, its essence, and how to identify or develop your BATNA.
This note will discuss mediation as an alternative dispute resolution process from a theoretical point of view. The note will therefore examine its meaning and general characteristics, main principles, and types.
This note will discuss who a mediator is, his qualities and role, the number of mediators in a mediation proceeding, how the mediator is appointed and replaced, and the statutory duty of a mediator to make certain disclosures.
This introductory note focuses on the practical aspects of mediation. It highlights all that happens after the parties have decided to submit their dispute to mediation and have duly appointed a mediator.
This note will discuss what the mediator’s opening statement is, its object and purpose, sample outlines of the mediator’s opening statement, and a sample opening statement.
After phase I, the mediator’s opening statement, the next phase in mediation is the storytelling phase. This note will discuss this phase in terms of its meaning, the role of the mediator, benefits for both the parties and the mediator, when to commence, and common pitfalls to avoid in this phase.
After the parties vent in the storytelling phase, the next phase involves defining the problem. This note will discuss what happens at this phase, when to commence it, and the role of the mediator in this phase.
Once the agenda is set and the problem is defined, the next phase in mediation is to search for solutions or attempt to solve the issues identified at the agenda setting phase. This note will discuss this phase and its purpose.
The parties, after searching for solutions and choosing mutually acceptable solutions, will have to finalise their agreement. This note discusses what that entails and provides tips for preparing the written agreement.
This note will discuss the meaning of restorative justice, the need for it, particularly in light of the challenges with the current criminal justice system, its legal basis in Ghana, and the common programs associated with it, such as family group conferences, victim panels, victim-offender mediation, and circle sentencing.