ADR launched in Takoradi

By Juliet AGUIAR, Takoradi

The Sekondi-Takoradi Chamber of Commerce and Industry (STRCCI) has launched the first ever private sector-led Alternative Dispute Resolution (ADR) and Anti-Corruption Centre in Takoradi.

The centre is to enhance access to justice by reducing the backlog of disputes before the court and create a better business environment for them to thrive.

Mr. Ato Van-Ess the Western Regional Chairman of STRCCI speaking at the launch on the theme “Litigation has no business on today’s business” explained that with the ADR and Anti-Corruption centre, resolution of disputes is faster than mainstream court adjudication - - disputants make their own decisions, parties speak the language they best understand as well as parties choose their own neutral arbiter.

He said, this creates a better business environment, lower direct and indirect costs of enhancing contracts and resolving disputes and also enhances dialogue and problem solving skills among business people.

He pointed out that businesses must have a very simple and straight forward approach to solving disputes - - we need disputes that affect our business operations and relationships to resolve quickly and efficiently.

According to Mr. Van-Ess, in the global world of commerce, this has always been possible because of the legal and procedural complexities that surround formal conflict resolutions such as judicial adjudications or court room trials.

“The purpose of the Business Anti-corruption Portal is to provide a comprehensive and practical business tool and to offer targeted support to Small and Medium Enterprises (SMEs) in order to help them avoid and fight corruption, thereby creating a better business environment” he said.

He added that working actively against corruption will furthermore enable companies to adhere to the United Nations Global Compact Principle 10 on corruption.

He said the judicial administrators, legal practitioners and members of the business community around the world, have embarked upon on reforming the dispute resolution landscape to resolve the challenges by introducing less formal and non adversarial procedures to disputes resolution known as ADR.

“The parliament of Ghana seeing the need of entrenching the ADR concept in Ghana enacted Act 789 to 2010 to provide legislative basis for its practice - - what Act 789 seeks to do critically is to demystify and decentralized access to justice thereby allowing individuals and institution such as STCCI to establish and practice ADR”, he added.

 Justice Georgina Mensah-Datsa, of the Sekondi Commercial Court enumerating the benefits of ADR said it is cost effective, avoids public disclosure of personal matters because of confidentiality as well as quick  disposal of cases and less expensive than litigation.

 â€œADR empowers the parties giving a greater satisfaction with outcome and a greater commitment to keeping the agreement, enforcement rate higher than in litigation”,  she added

Mr. Vitus A. Azeem the Executive Director of  Ghana Integrity Initiative  (GII) explained that corruption is pervasive and has to do with motive and opportunity, and the opportunity (for corruption) usually comes about when there are weak systems and or institutions of accountability, lack of checks and balances as well as a general state of moral decadence.

In the private sector, he said corruption increases the cost of business through the price of illicit payments and distorts the playing field, shielding firms with connections from competition and thereby sustaining inefficient firms.

“In a society where bribery and corruption become the order of the day, competitive bribery may lead to certain members of the society being denied access to what should have been their entitlements, or what they could have gained or achieved under a system based on merit - - Admittedly, it is usually politicians and public officials who collude with private sector practitioners to enrich themselves” he added.

Mr. Azeem further explained that he private sector pays bribes because they are either asked for it or they believe that that is the only way to get what they want - - the contracts, licenses, payments for work done, justice and getting out of trouble with law enforcement agencies, especially when there are unexplained delays in processing.

“Red tapeism, delays in court cases, especially with regards to land acquisition, complex regulations and procurement procedures foster corruption - - It is sometimes difficult to distinguish between private sector corruption and public sector corruption” he said.

He said professional groups, such as accountants, lawyers, journalists and other NGOs must see themselves as playing a watchdog role and providing a sustained and credible leadership on the anti-corruption front.

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