Mediation In
Bono, Ghana

Legal Framework

Mediation in Ghana follows the Alternative Dispute Resolution Act, 2010 (Act 798), which provides for the settlement of disputes through arbitration, mediation, and customary arbitration. The Act establishes an Alternative Dispute Resolution Centre and provides for related matters. Under Act 798, courts before which an action is pending may refer the matter to mediation at any stage in the proceeding if the court is of the view that mediation would facilitate the resolution of the matter amicably. Sections 72 and 73 of the Courts Act, 1993 (Act 459) provide for the use of ADR in appropriate cases, encouraging judges to promote reconciliation in the settlement of disputes among parties. C.I.47 requires judges at the application of direction stage to enquire from parties whether they are willing to attempt settlement of cases through ADR. In commercial litigation, courts encourage amicable resolution of commercial claims and early settlement through ADR methods if parties agree. Similar rules exist in lower courts such as the District Court (Amendment) Rules. Ghana signed the Singapore Convention on Mediation on 22 July 2020, becoming the 53rd country to sign, which will facilitate enforcement of international settlement agreements resulting from mediation.

While Ghana operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

Ghanaian courts actively promote and support mediation through court connected ADR mechanisms. Judges are required at the application of direction stage to enquire from parties whether they are willing to attempt settlement through ADR. Courts encourage amicable resolution of commercial claims and early settlement through ADR methods. The Commercial Court has procedural mechanisms for resolving disputes effectively, including mandatory pretrial settlement conferences before a pretrial judge through mediation, negotiation, or referral for external specialised assistance. The pretrial settlement process helps avoid prolonged litigation. Under Act 798, courts can refer matters to mediation at any stage in proceedings. Information disclosed during mediation is confidential and inadmissible as evidence if parties later return to court. Over the last decade-and-a-half since the introduction of court connected ADR, the court load has reduced by 32,745 cases, most of which were resolved completely by parties without reverting to court on appeal.

Mediator Regulations

Ghana has developed mediator accreditation and training through various organisations. The Ghana Association of Certified Mediators & Arbitrators (GHACMA) is the network of professionals offering affordable ADR services, with a mission to provide trustworthy, competent mediators and arbitrators. GHACMA has professionals across all 10 regions of Ghana and provides training programmes. The Ghana ADR Hub, founded in 2018, provides practical training in arbitration, mediation, and dispute system design for individuals, businesses, and law firms. The Hub offers 40-hour mediation training programmes for certification. Mediators must adhere to confidentiality requirements under Act 798. The Alternative Dispute Resolution Centre established under Act 798 provides institutional support for mediation. Specific accreditation requirements follow the Act and institutional rules, with mediators required to maintain professional standards and confidentiality.

Cultural Approach

Ghana's cultural approach to mediation is influenced by traditional African dispute resolution mechanisms and the country's common law legal heritage. The inclusion of customary arbitration in Act 798 reflects recognition of indigenous conflict resolution methods. Court-connected ADR has been successfully integrated into the judicial system, with a 32,745 case reduction over the past decade and a half, indicating cultural acceptance of mediation as a legitimate dispute resolution mechanism. The emphasis on reconciliation and amicable settlement aligns with traditional Ghanaian values of community harmony and consensus-building. The establishment of ADR organisations across all 10 regions demonstrates widespread cultural adoption. Ghana's signing of the Singapore Convention on Mediation reflects commitment to international best practices while maintaining cultural sensitivity in dispute resolution approaches.

Typical Costs

Specific mediation fee structures in Ghana are determined by individual ADR providers and organisations. GHACMA offers affordable ADR services to business entities both large and small, with the aim of saving clients thousands in legal expenses. The Ghana ADR Hub provides full-service ADR services with fee structures designed to be accessible. Court-connected mediation through the Alternative Dispute Resolution Centre established under Act 798 may have standardised fee schedules. The Ghana Bar Association has a scale of fees for legal services, though specific mediation fees are not detailed in available sources. Litigation costs in Ghana are significant, with the judicial system having established fee structures for civil proceedings, making the potentially lower costs of mediation an attractive alternative. The emphasis on ADR is promoted to avoid the time-consuming and costly nature of litigation.