Appropriate Dispute Resolution not suitable for first degree felony cases – Expert

Cases such as rape and high level criminalities including murder, armed robbery and first degree felonies are not suitable for Appropriate Dispute Resolution (ADR), Mr Austin Gamey, an ADR expert has observed.

Mr Gamey, the Chief Executive Officer of Gamey and Gamey Academy of Mediation and Appropriate Dispute Resolution (ADR), therefore advised players in ADR, saying: “Do not tackle such cases, even when under pressure”.

Speaking at the end of the Academy’s 13th Master of ADR programme in Accra at the weekend, he said, not all cases were suitable for ADR though Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798) gives enough flexibility for Ghanaians to resolve their differences without resorting to the traditional adversarial litigation system.

Mr Gamey said the country’s democracy had received accolade globally, in the face of daunting challenges like chieftaincy, land, labour, religion, petroleum products and political disputes.

He noted that many commentators had pointed out that the peace in Ghana must not be taken for granted; therefore it had become imperative to take measures to deal with the issues before they degenerate into violent conflicts.

Mr Gamey said the prevention and early resolution of conflicts in whatever form, needed a structure and a frame that transcended boundaries of politics and ethnic considerations.

He said rather the focus must be on the contending parties having the confidence to talk about the issues in a gentle, honest, open manner.

The ADR Master programme students studied subjects including, Effective Listening and Speaking Skills, Effective Management of Industrial Relations under Labour Act, 2003 (Act 651), Interest-Based-Negotiation and Arbitration, Managerial Mediation Self Mediation, mentoring and coaching.

Mr Gamey hoped participants were well grounded as impartial third parties capable of using neutral language in a confidential setting to help the entire society to resolve their differences or disputes.

He said the programme contains resources for changing national and organizational culture, carefully altering the norms that so often cause obstructive behaviours and replacing them with constructive and positive behaviours.

Mr Gamey urged participants to use these practical tools for the prevention and early resolution of community and workplace conflicts.

“…the unmanaged conflicts like the Dagbon, Ga Chieftaincy, Anlo, Peki-Tsito, and the numerous workplace conflicts is the largest reducible cost in any country and organization today, and the least recognized.

”Nations like Somalia, Congo DR, Sierra Leone, and many organizations and families are paying the price for ignoring to spend time, money and energy to learn how to prevent and resolve conflicts early,” Mr Gamey concluded.

Certification will be awarded to students after completion of their project works, which will be subjected to strict scrutiny here in Ghana and PULSE Institute based in Calgary, Canada.

Meanwhile, the next programme commences on April 7, 2012.

Source: GNA

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