Civil and Commercial Mediation

 

MEDIATION IS ALREADY PART OF GHANA’S CIVIL JUSTICE SYSTEM
Why this matters to lawyers – and to anyone who handles disputes
LAWYERS: When the court sends the case to mediation, will you be ready?

 

COURT-CONNECTED MEDIATION

• Section 64 of the Alternative Dispute Resolution Act, 2010 (Act 798) allows a court to refer a pending case, or part of it, to mediation where mediation may facilitate resolution.
• Where the referral results in settlement, the settlement is filed, recorded as a judgment of the court and enforced as such.

PRIVATE MEDIATION

• Private mediation does not require a court referral: under section 63 of Act 798, parties may agree to submit a dispute directly to mediation.
• A signed settlement can be binding on the parties and has a binding effect like an arbitral award under section 82. Thus, a properly documented mediated settlement is not merely a handshake: Act 798 gives binding settlements legal effect.
• It can offer a faster, more confidential and flexible route than litigation, while helping parties preserve business and professional relationships and shape their own solution.

THIS COURSE TRAINS YOU TO:
• prepare parties and counsel for mediation
• negotiate strategically and manage impasse
• conduct effective joint sessions and caucuses
• draft clear, enforceable settlement term

Click here to download the brochure